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Tribunal decisions and new claims
Well well… My first PIP appeal where a new claim had been submittted after the refusal.
There was a healthy gap; more than 2 years, the appeal was (as is often the case in my world) very late and I advised a new claim as I wasn’t optimistic it would be accepted.
On the new claim, after some deterioration, SM & EDL (how’s that for rubbish acronyms) was awarded whereas the eventual Tribunal on the first claim only awarded EDL.
Now the case manager is moving to withdraw the mobility component, being of the opinion that the Tribunal decision (2 years don’t forget) has some bearing on the new award.
To add insult to injury the call handlers are refusing to ask the case manager to ring me.
So, other than yelling blue murder, is there simple authority I can rely on or am I down to a common sense (or Meldrewesque) application to Tribunal?
Isn’t it simply sec.17 of the Social Security Act 1998, on the finality of decisions? The latest decision is the final decision on the PIP claim that exists and overrides the previous decision which exists from the effective date of that first PIP claim and the later decision to increase the award?