Simultaneous PIP appeal and new claim

My client was referred to me having been refused PIP. I’ve appealed this decision dated 20/10/15, no change at mandatory reconsideration stage and is currently with the tribunals service.

I also helped him submit another claim from 26/4/16 for which I have just received the decision which awards him enhanced DL.

I’ve yet to discuss with him whether he wants to proceed with appealing the most recent decison to try and get mobility but assuming he wishes to accept the enhanced DL, I just want to make sure I deal with the ongoing appeal for the first decision in the most effective way.

If the first decison goes on to be heard by a tribunal will their decision only be valid up until the decision relating to the second claim from 26/4/16 or will it overide it - good obviously if it is better but not if it is worse.

I haven’t had sight of the claim form for the first claim and am still not clear who, if anyone helped him with it. I have assumed that it just wasn’t done very well because he has a severe and enduring mental illness and it is surprising that he didn’t get awarded anything. So am concerned if a decision made on a poorly completed claim form,  albeit with further evidence added with the appeal, may overide the second decision

Many thanks to anyone who can advise

Hi Jacky,

The decision under appeal should be overridden by the more recent decision (so appeal will be in relation to a fixed period- date of first claim until decision on second claim). My guess is that if you flag up the recent development the Tribunal will probably make the same award on claim one as has been made on claim two.

1964 - 16 June 2016 05:12 PM

My guess is that if you flag up the recent development the Tribunal will probably make the same award on claim one as has been made on claim two.

Some of the Judges reading this might think that’s a bit presumptuous… If it were me I’d make sure the award was safe before proceeding; I’ve had Tribunals tell DWP that an ongoing award (or, indeed, a prior one) was made in error and suggest DWP review it.

Point taken Dan, but I was making the assumption that the evidence in this case supports the award that has been made (and when I’ve had similar cases that’s generally what the tribunal outcome has been).

Thanks for the reponses - it would make sense that the first claim was awarded in line with the second claim but otherwise Dan - how do I “make sure the award is safe” - that is my worry really

Oh unless you mean when the second claim isn’t under consideration by a mandatory reconsideration to try and get some mobility?