PIP appeal

poppy12345

If you start a new claim then you would create what's known as a closed period. This means that if in the future you were awarded by the Tirbunal then you would only be owed money up until the day before you started your new claim.

Any new decision made on the new claim will overrule the Tribunal decision. If you were refused again then the process will start all over again.

tifo

poppy12345 said:

Any new decision made on the new claim will overrule the Tribunal decision. If you were refused again then the process will start all over again.

That's what i thought.

tifo

Had a chat with the welfare advisors today and they say I have no grounds for apply for permission to appeal (first tier tribunal) but that if there is a change of circumstances, for example I now suffer from a cataract, I should make a new claim.

They said it's lack of medical evidence from the GP and hospital which cost me the claim and that they tend not to believe what the claimant says unless there's medical evidence. I think there was enough evidence I gave but from a GP or hospital carries more weight.

poppy12345

tifo said:

They said it's lack of medical evidence from the GP and hospital which cost me the claim and that they tend not to believe what the claimant says unless there's medical evidence. I think there was enough evidence I gave but from a GP or hospital carries more weight.

That is simply not correct at all!  Medical evidence isn't essential for a successful PIP award. Letters from a GP aren't then best evidence to send because they don't spend any time with you to know how you wash/dress/undress/budget/prepare a meal etc etc.

Thinking back to both of your threads i remember that there was some confusion between your PIP and WCA appeals and that you were referring to both for each Tribunal, which didn't help you at all.

You can start another claim but doing so using the same evidence you previously used will likely see another refusal.

peteuk

Sometimes less is more and its more quality over quantity when it comes to PIP/

GPS are so over stretched you can get them to write virtually anything, so dont carry much weight,  A decent well worded consultants letter from specialist clinic will carry more weight.

But please dont get caught up with the “I’ve got this disease therefore i should get pip” idea, you have to prove the effect the conditions restrictions you have.

tifo

poppy12345 said:

Thinking back to both of your threads i remember that there was some confusion between your PIP and WCA appeals and that you were referring to both for each Tribunal, which didn't help you at all.

No, in my WCA assessment the DWP used both my WCA and PIP assessments and medical reports in their evidence and the tribunal panel was quoting and asking from both, so I had no choice but to respond. If the DWP are quoting from my PIP report in my WCA tribunal and the judge asks about that then I have to reply.

I found this unfair as another claimant who has only the one assessment and medical report to answer because it put me at a slight disadvantage. Apparently this is allowed and the DWP can use any and all information available.

But for example, the PIP tribunal didn't give me the points for not being able to walk less than 200m like the WCA tribunal did, so they choose to ignore other evidence when they want to.

tifo

I'm disappointed that the advisors they won't help. It's more because of a lack of staff then anything else I think. I'm told they're looking for more staff and their wait times are long.

The PIP medical report is full of lies and the tribunal chose that over mine and quoted everything from it, adding a bit more lies like me being able to regularly go to the Trafford Centre, hence can drive and walk for long periods, when I haven't been since before covid and well before my claim. I don't see how the welfare advisors don't see this as wrong.

poppy12345

In a previous comment you did say the DWP mentioned your other assessment in the decision but this doesn't mean that you needed to follow suit.

tifo said:

But for example, the PIP tribunal didn't give me the points for not being able to walk less than 200m like the WCA tribunal did, so they choose to ignore other evidence when they want to.

Even if they had, it wouldn't have been enough of points for standard mobility anyway because you need at least 8 points for this.

tifo

poppy12345 said:

In a previous comment you did say the DWP mentioned your other assessment in the decision but this doesn't mean that you needed to follow suit.

I had to. The panel were quoting from either report and asking me.

Kim1965

Is there a limit on the number of appeal a person can have?