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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP application following failed DLA LT/Deterioration of condition

TJL
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Derby advice - Derby Homes

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Joined: 17 June 2010

Client   Attended LT re DLA both components refused   but condition has detriorated drastically following Date of Decision.

Are there any   potential   pitfALLS ANYONE   CAN THINK OF (sorry) re submitting a claim for PIP?

Thanks   in advance

Toby

benefitsadviser
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Sunderland West Advice Project

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Only the 3 month qualifying period, but i seriously doubt the tribunal was heard within 3 months of the original refusal from DLA anyway.

Surely a new PIP claim will stand or fall on its own and a previous claim for a different benefit with different criteria should make no difference.

Emma B-G
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Welfare benefits adviser - Hertfordshire County Council Money Advice Unit

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I agree that there are no pitfalls in applying for PIP, unless you are appealing the refusal of DLA to the upper tribunal. (A PIP claim made while a DLA appeal is pending will override the DLA claim once a PIP decision is made, limiting payment of DLA even if the DLA appeal is successful.)

As mentioned above they have different criteria and it may well be possible that the claimant can qualify for PIP even if they failed to get DLA.