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Withdrawing a new claim for pip after appeal.win.
- Applesoranges143
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6 years 7 months ago #209097 by Applesoranges143
Withdrawing a new claim for pip after appeal.win. was created by Applesoranges143
Hi Gordon, thanks to your guides, we won our appeal for our brother and he got back his award for standard rate care which he was originally awarded in 2015, but lost it after an award review in June 2017. He has been awarded it up to June 2010. Would this new decision over rule a new claim made by him in December, he has not had an ssessment yet. Would we need to contact the dwp to withdraw this new claim or will the tribunal decision automatically cancel it out? Thanks for all your help.
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6 years 7 months ago #209109 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Withdrawing a new claim for pip after appeal.win.
Appletart
He needs to be very careful in withdrawing this new claim, it needs to be done without a Decision being made, if one is made then it will supersede the Tribunal award, even if that Decision is no award because he has closed the claim.
I'm afraid I don't have any clear way for him to do this, it will be a matter of his testing the waters to see what the DWP say. If the feedback is that a Decision will be made, then my advice would be to continue with the claim and use the Tribunal result as evidence.
Why is this a problem? The DWP may take the view that the new claim is the result of some change in his conditions, this change will have happened after the Decision that the Tribunal have made as they re-make the Decision appealed and their Decision applies from the same date.
By closing the new claim they then may take the view that he has decided that he does not meet the criteria!
Gordon
He needs to be very careful in withdrawing this new claim, it needs to be done without a Decision being made, if one is made then it will supersede the Tribunal award, even if that Decision is no award because he has closed the claim.
I'm afraid I don't have any clear way for him to do this, it will be a matter of his testing the waters to see what the DWP say. If the feedback is that a Decision will be made, then my advice would be to continue with the claim and use the Tribunal result as evidence.
Why is this a problem? The DWP may take the view that the new claim is the result of some change in his conditions, this change will have happened after the Decision that the Tribunal have made as they re-make the Decision appealed and their Decision applies from the same date.
By closing the new claim they then may take the view that he has decided that he does not meet the criteria!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 7 months ago #209129 by Applesoranges143
Replied by Applesoranges143 on topic Withdrawing a new claim for pip after appeal.win.
Dear Gordon, we filled out the claim form with the same conditions, just using more detail, and included the same evidence as before. The rnib lady who represented him has said the new desicion will cancel out the new claim and the tribunal were aware of his new claim as this was written in his submission. Do we contact the dwp or will they cancel the new claim? Sorry for the same questions but this is totally baffling us. On another site rightsnet I found the same thread and they said after the new tribunal desicion you can write to the dwp to withdraw the new claim.
Thanks Gordon.
Thanks Gordon.
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6 years 7 months ago #209176 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Withdrawing a new claim for pip after appeal.win.
Appletart
I am afraid the mib woman is wrong, The Tribunal re-makes the Decision that was appealed and their Decision applies from that date, a new claim results in a new Decision that supersedes any previous one, including one made by a Tribunal.
It should be possible to cancel a new claim, but as I explained, if the DWP believe that the claim was made because of a change of condition, this could result in them requiring that the assessment process is completed or that by cancelling the claim that the claimant no longer wants to receive PIP.
If you cancel with neither of these issues rearing their heads then fine but be aware of them in case they do become an issue.
Gordon
I am afraid the mib woman is wrong, The Tribunal re-makes the Decision that was appealed and their Decision applies from that date, a new claim results in a new Decision that supersedes any previous one, including one made by a Tribunal.
It should be possible to cancel a new claim, but as I explained, if the DWP believe that the claim was made because of a change of condition, this could result in them requiring that the assessment process is completed or that by cancelling the claim that the claimant no longer wants to receive PIP.
If you cancel with neither of these issues rearing their heads then fine but be aware of them in case they do become an issue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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