Hi Mike,
I support a gentleman whose 1st PIP application has been rejected.
He has done a mandatory reconsideration which also failed to score any points.
He then re-claimed.
Now he wants to submit an appeal against the 1st PIP decision.
Would that affect second PIP application and is it legally possible to submit an appeal after the new application.
Kind Regards,
Kasun
Hello Kasun,
Yes, he can have a new claim and an appeal running at the same time.
This is a good idea if his condition is deteriorating.
The appeal looks at his circumstances at the time of the old claim.
The new claim would look at his situation now.
If the new claim is decided first, the appeal will just relate to the time between the two claims.
If the appeal is decided first, it effectively wipes out the new claim – although if the appeal doesn’t give him high rates, the DWP can treat the new claim as a notification of a change in his condition to reassess whether he should be awarded high rate from that date.
A couple of bonus details:
- Every PIP claim looks at how your condition affects you during the three months before you made the claim, and how it is likely to affect you during the nine months after you claimed. They try to assess your needs most days during this required-period.
- The normal time limit for an appeal is one month from the date that the DWP sent the mandatory reconsideration decision. The tribunal will often accept a late appeal if special circumstances caused the delay. You must explain the delay when you submit the appeal