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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Can losing a PIP appeal negatively affect a new successful PIP claim made after the appeal was lodged? 

leeosborne
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Airewharfe Mental Health Services, BDCT, Keighley

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Hello,

I have a client who is in receipt of PIP for a claim that was made after they put in an appeal for previous unsuccessful PIP claim. They are considering withdrawing the PIP appeal.

One of the reasons for considering withdrawing the appeal is that they are concerned that if the appeal is lost it could have a negative impact upon current PIP award.

I am thinking that losing the appeal would not affect current award but I am not certain. I’ve been unable to find any information re this.

Is client right to be concerned about this?

Thank you!

Lee

 

Daphne
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The PIP appeal will be for a closed period up to the day before the new award is from. Nothing in the result of that appeal will automatically change the current PIP award because that decision is not being looked at. But of course the DWP can choose at any time to send a review form and look to supersede under reg 26 of the UC, PIP, JSA and ESA (D&A) Regs. It doesn’t mean they will though.

How long is the gap between the date of the original decision and the date of the new claim? Was there a change of circumstances between those dates?

leeosborne
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Airewharfe Mental Health Services, BDCT, Keighley

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Hi Daphne,

PIP disallowed June 2019, new PIP claim made October 2019. Only change in circumstances was that by time of the assessment for October 2019 claim client was receiving service from community mental health team. Was only seeing GP at time of June 2019 assessment.

Thank you for your help!

Lee

Elliot Kent
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DWP can review an award “for any reason and at any time” so of course you can never exclude the possibility that something will result in a re-assessment.

I don’t think I would be massively concerned about it though. I think it helps to remember that if the Tribunal refuses your client’s appeal, all it is doing is affirming the DWP decision which already exists. The decision maker who made the second award ought to have been aware of the refusal of the first claim and the evidence on which it was based and could have taken it into account.

HarlowAC
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Harlow Advice Centre

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I agree with the above comments but would add that the fact that PIP was allowed four months after it was refused would potentially strengthen the merits of the appeal and would be inclined to continue with it.

leeosborne
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Airewharfe Mental Health Services, BDCT, Keighley

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Thank you all for your help. Client grateful for the extra information.

Lee

leeosborne
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Airewharfe Mental Health Services, BDCT, Keighley

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Hello,

Just to let you know DWP changed the decision before the tribunal date and awarded PIP at same rate as the new successful claim without the PIP tribunal appeal having to take place. Thanks again for the help.

Lee

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Is the client happy with the award/do you think they are entitled to more?

If your client accepted the offer, the appeal will lapse. However, s/he could still appeal that award to seek a higher one, and could go straight to appeal (no MR). In the interim s/he will keep the current award.

leeosborne
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Airewharfe Mental Health Services, BDCT, Keighley

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Full award thanks!