PIP query. Can anyone advise please. - Update.

swingaloo · 6 February at 4:57PM

A relative made a claim for PIP 15 months ago. At the time they were seeing a Support Worker who filled in the paperwork for them and who was confident they would get both daily living and mobility. I was astounded when I saw the completed forms as there was just one sentence written for each question. No proper detail and to my mind a very poor claim and I was not surprised when it resulted in 0 points on both.

Apparently the support worker said he had helped lots of his clients to make claims and he couldn't understand why the result of this one was 0. He then 'helped' my relative to appeal and this resulted in a total of 2 points. He said to go to Tribunal as he was confident my relative would win. So he has been waiting for a date for the tribunal.

Because my relatives health and needs have worsened he suggested that he start a new claim as it was over 6 months since the original one was started. So relative sent off for a new claim form.

The support worker has been very poorly herself and is not working at the moment so when the new claim form came I helped my relative fill it in. I was comfortable doing it as I had to do my husbands and Im familiar with how they should be filled in. They sent off the claim form and a week ago ago had the telephone assessment. I was present and was allowed to speak on his behalf as I care for him.

The assessment went as well as it could have and I feel much more confident of a positive outcome with this claim although obviously that means nothing.

He was told it would take 6-8 weeks to get a response to the new claim.

Now the problem- Yesterday the paperwork came with the tribunal date which is 2 weeks away and so we are in a quandary what to do.

IF he goes to tribunal and wins (bearing in mind this is from the claim the support worker helped him make) he would have 15 months of backpay due to him.

But, because he has now filled in a new claim we are unsure what effect that will have on the tribunal. If he loses at tribunal (with the first claim) will that mean his new claim will be discontinued?

I feel I have more confidence in the new claim succeeding than winning at tribunal but he will lose the 15 months backpay he would get if he should win.

But because the tribunal date comes before he will hear from the new claim he is worried he may mess up his claim either way.

Would people advise going to the tribunal (with the claim the support worker helped with) or just stick with the new claim

Im just unsure of the ramifications either way.

HillStreetBlues · 6 February at 5:15PM

My understanding is the Tribunal will look at how he was 15 months ago so even if Tribunal upholds the DWP decision, the new claim will continue as he could have got worse between the 1st & 2nd PIP claim.

What is worth remembering with the Tribunal it isn't the claim form, but how he actually was, did he meet the descriptors? As there isn't much detail, the Tribunal will be asking in detail wanting to expand on the answers.

If not much has changed between the claims, I would continue to Tribunal

TimeLord1 · 6 February at 5:29PM

The only slight risk is if the Tribunal awards a lower rate than what you might get on the new claim. However, because the new claim was started due to "worsening health," it is perfectly logical for them to have been eligible for a lower rate 15 months ago and a higher rate now.

Are they ok to speak with them or do they need the support worker? They will not be aware of the new submitted claim details and probably best to state a further decline in health.

swingaloo · 7 February at 3:18PM

https://forums.moneysavingexpert.com/discussion/comment/81873529#Comment_81873529

He definitely wont be capable of speaking himself. The support worker will not be available so I hope they will allow me to speak on his behalf

TimeLord1 · 7 February at 3:44PM

https://forums.moneysavingexpert.com/discussion/comment/81874636#Comment_81874636

Have they given you a date and place, I can't see why they wouldn't as the support worker is unavailable.

HillStreetBlues · 8 February at 5:26PM

https://forums.moneysavingexpert.com/discussion/comment/81874636#Comment_81874636

Yes his allowed a representative, it doesn't have to be the support worker. For them it's fact finding, so they should allow any help to come to the correct decision.

swingaloo · 25 February at 7:56PM

Update!

Thank you all for the previous replies. The tribunal was not the ordeal I thought it may be and we went from 2 points and 0 points to full daily living and low mobility. It was all over in less than 15minutes.

Now one extra question (which I probably should have asked the man from the DWP whilst we were there). Due to him worsening we had started a new claim in case the tribunal was not successful, however now there is no need for it so can he just ring up and ask for it to be cancelled?