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Can anyone help/shed light...DWP obliterate previous months decisive Trib

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2 days 3 hours ago #310090 by Fy7
LL26,

I wanted to update you.

I took your advice and emailed the tribunal, mentioning all the things you suggested.

I have an email response already saying it has been sent to the judiciary who will respond in due course.
The following user(s) said Thank You: LL26

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21 hours 37 minutes ago - 21 hours 10 minutes ago #310144 by LL26
Hi FY7, You have rattled cages. Your appeal should hopefully now begin to progress. (As a side note, sometimes cases get forgotten about and a gentle or not so gentle nudge is required to move them along!) The law concerning Supersessions is complicated. Perhaps I can give an example. Enhanced PIP Award is from 1st Jan 2022 until 31st Dec 2025. DWP send out review letter on 1st July 2025. They ask for it to be returned by 1st Nov 2025. DWP decide - 15th December 2025 and benefit is reduced to standard award. FY7 case Is not a Supersession, benefit is changed and it is a new decision made within the validity of an existing award period. Supersession rules therefore apply. I have had another think about this. The first claim is closed therefore albeit no gap is a second and different claim However whilst it may not legally be a Supersession it is akin to one. It seems that you were incorrectly advised to make a second claim, and hence closing the first. In reality, there was no need for you to make the second claim. So New claim you need to prove, however you can cite the Tribunal ruling and say that the only reason for the new claim is incorrect advice, and DWP can't just ignore this. This is very compelling evidence for you You may wish to read this case. assets.publishing.service.gov.uk/media/5...PIP_2261_2018-00.pdf I hope this helps. LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 21 hours 10 minutes ago by LL26. Reason: Incorrect advice

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