Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

New application for PIP after an unsuccessful appeal

STM
forum member

Benefits adviser, Royal British Legion

Send message

Total Posts: 7

Joined: 14 December 2016

I have a client who has made a new application for PIP after an unsuccessful outcome at tribunal last year. She was originally awarded 6 points for daily living and we were arguing for points for needing an aid or appliance for help with her toilet needs. We managed to get the points for this but the tribunal removed some of her other points meaning that she still didn’t end up with enough to qualify for an award. Her evidence on the day wasn’t great and the tribunal jumped all over that.

Since then her mental health has deteriorated further and I helped her make a new application and also attended the assessment (which went well). PIP are now really dragging their heels with their decision and when my client contacted them to chase it they told her that they were waiting on information in relation to her previous unsuccessful tribunal. She is now very concerned that this is going to heavily influence the decision. 

Has anyone ever come across this before? I presume there is nothing to stop them from doing it given that it relates to her previous application for PIP?

Mike Hughes
forum member

Senior welfare rights officer - Salford City Council Welfare Rights Service

Send message

Total Posts: 2084

Joined: 17 June 2010

There’s a public law principle that you must use what you have. In the case of DWP it perhaps requires the additional words “when it suits”. So, yes, legitimate.

stevenmcavoy
forum member

Welfare rights officer - Enable Scotland

Send message

Total Posts: 791

Joined: 22 August 2013

Mike Hughes - 12 June 2019 12:31 PM

There’s a public law principle that you must use what you have. In the case of DWP it perhaps requires the additional words “when it suits”. So, yes, legitimate.

ive had several clients with pip/esa appeals running at the same time.  when the first is won ive never seen them use the decision notice on the second…..the case where i lost the first appeal who wants to guess what appeared?

STM
forum member

Benefits adviser, Royal British Legion

Send message

Total Posts: 7

Joined: 14 December 2016

Of course it did! My client has already requested a copy of the DA’s report which recommends enough points to give her both enhanced daily living and mobility so I’m looking forward to seeing how they will try and justify otherwise.