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Help! PIP review during ongoing appeal
Penguin90
Posts: 73 Forumite
I've been sent a PIP award review form – the problem is, I'm still appealing the original PIP decision (nearly two years now) and I'm worried that this will complicate matters.
I don't know how long the review will take but it's possible that, if I disagree with the decision and appeal, I will have two PIP appeals running concurrently. Is that even possible? I can't stand the thought of another appeal, it's taking so long.
The DWP told me that any decision made by the tribunal judge in my current appeal will only be effective up until 18 July this year (the date on my form), so if the tribunal finds in my favour and awards me my due (hopefully higher rate mobility and daily living), the DWP can in effect overturn that decision from the 18th and stop my payments all over again. That seems mad, and incredibly unfair.
Has anyone been through something similar? All advice welcome, anything to make me less stressed.
I don't know how long the review will take but it's possible that, if I disagree with the decision and appeal, I will have two PIP appeals running concurrently. Is that even possible? I can't stand the thought of another appeal, it's taking so long.
The DWP told me that any decision made by the tribunal judge in my current appeal will only be effective up until 18 July this year (the date on my form), so if the tribunal finds in my favour and awards me my due (hopefully higher rate mobility and daily living), the DWP can in effect overturn that decision from the 18th and stop my payments all over again. That seems mad, and incredibly unfair.
Has anyone been through something similar? All advice welcome, anything to make me less stressed.
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Comments
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I'm afraid DWP are correct. Any decision made from this review will over rule any decision made by the Tribunal. Reviews are done 1 year before the award is due to end.
2 years is an incredibly long time to wait. What's the reason you've been waiting this long, if you don't mind me asking?0 -
If you have gathered new evidence to support your appeal make sure you submit it to DWP as part of the review process. Make sure that you complete the review form as comprehensively as possible.
Although, as you say, the process seems very unfair (and is very stressful for claimants) the logic (not sure that's the right word) behind this is that the the tribunal are not making a determination about how you are now but how you were at the time of the original PIP decision and your condition may have changed since then (for better or worse).Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
poppy12345 wrote: »I'm afraid DWP are correct. Any decision made from this review will over rule any decision made by the Tribunal. Reviews are done 1 year before the award is due to end.
2 years is an incredibly long time to wait. What's the reason you've been waiting this long, if you don't mind me asking?
I can't go to the tribunal in person so requested to have one at home instead, lots of delays, finally offered a telephone hearing - but it's taken them over a year to get the right "equipment" - how hard can it be to get a phone? Madness.If you have gathered new evidence to support your appeal make sure you submit it to DWP as part of the review process. Make sure that you complete the review form as comprehensively as possible.
Although, as you say, the process seems very unfair (and is very stressful for claimants) the logic (not sure that's the right word) behind this is that the the tribunal are not making a determination about how you are now but how you were at the time of the original PIP decision and your condition may have changed since then (for better or worse).
I see the logic but I still dread having to begin an appeal all over again. The thing is, my condition hasn't really changed but I don't want to tick the 'no change' box because that would be to accept the original PIP decision, which I don't.
Most of my medical evidence, including new evidence, is sitting in a HM Courts & Tribunals Service office somewhere... will it be OK to submit photocopies, or do DWP need the original documents?0 -
That's a ridiculous amount of time to wait.
Don't be fooled by the simple tick box multiple choice questions, put as much information down as possible and use extra paper if needed.
As for evidence you should always send copies and not originals. Always make sure your NI number is written on the top of each copy.0 -
. . I still dread having to begin an appeal all over again. The thing is, my condition hasn't really changed but I don't want to tick the 'no change' box because that would be to accept the original PIP decision, which I don't.
Most of my medical evidence, including new evidence, is sitting in a HM Courts & Tribunals Service office somewhere... will it be OK to submit photocopies, or do DWP need the original documents?
As Poppy says you should always send copies and not originals anyway. Also as Poppy says don't be fooled by the tick box form. Give them comprehensive responses.
Don't assume you are going to have to go through a second appeal process. If you have more evidence you may get the decision you want from the review anyway. Your existing appeal, if successful, will then get you an arrears payment for the period prior to the review.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
poppy12345 wrote: »That's a ridiculous amount of time to wait.
Yup. Still not sure when this phone tribunal is actually going to happen. Is it possible to complain?0 -
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poppy12345 wrote: »I have no idea who you could complain to. Have you tried ringing the Tribunal Service?
Yeah - they just tell me to keep waiting. MP was no help either.0 -
You could try using their complaints procedure
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure0
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