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PIP supersessions
Thanks to all for their responses.
I will of course be arguing for an extension of the length of client’s award at her appeal, as well as a reinstatement of the award of benefit at the enhanced rate for both components. However, my recent experience of Tribunals is that some of them are simply saying ‘no grounds for supersession’ and reinstating the original award, including the original end date, without much further consideration. Obviously we can argue that they should supersede and extend the award, but that decision is ultimately in the Tribunal’s hands - our arguments are one thing, but a Tribunal’s decisions are sometimes something else entirely. I’m just trying to prepare for every eventuality by looking at the question of whether a new claim can be made by someone who currently in receipt of PIP, just in case the Tribunal do end her award from November 2018.
Cheers
Alex
Other than what’s said in #4 I’d say
If required after the hearing make a further claim and make an ex-gratia claim for any gaps.
Update on my case : I didn’t get to raise the argument in front of a tribunal as the DWP accepted the contents of my submission and re-instated enhanced mobility extending the award for 5 years. This happened by them reviewing the case prior to the hearing which was due to be heard in a few weeks. No new evidence presented other than my submission.