Anytime review re; official error? Re; PIP MH v SSWP

Hello you lovely people, I am hoping you can let me know if I am on the right track…
NB. I other than a direction notice from HMCTS and the first page of the MRN dated 31/01/20 I have no paperwork.

– 2017 made a claim for PIP. Date of decision 10/10/2017 no entitlement to PIP. MR lodged, decision reviewed but no change. Client did not appeal.

– 2019 made new claim for PIP. ERDL/SRM awarded (from 29/05/19 to 29/07/21). Date of decision 19/08/2019. SRM was awarded for 1e. “Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant”

– DWP undertook a review of entitlement in light of MH v SSWP (effective from 09/03/17) and RJ v SSWP (effective from 09/02/16). No change to PIP. Date of decision 23/07/2019.  Client submitted an MR 31/01/2020 and then appealed 04/03/2020. Client’s basis for doing so was to seek PIP to be awarded back to the original PIP claim in 2017.

– Directions notice received:
a) The DWP is required to issue a Supplementary Submission addressing whether RJ and MH should properly be considered in this case, and if so why. The DWP is also invited to make representations addressing whether the appeal should be struck out. [The Judge states: “I note that in the case of the decision 10/10/17, no actual award was made at all; it is not a situation in which RJ and MH is being applied to an existing award to determine whether it should be revised to reflect the new case law.”]
b) Client was urged to seek immediate legal advice to help clarify the legal aspects of the appeal and whether a MR and/or appeal against the decision of 19/08/19 is to be sought before the absolute time bar becomes effective.

My thoughts:
Both earlier DWP decisions postdate both RJ and MH and therefore both cases should properly have been taken into consideration when the decisions of 10/10/17 and 19/09/19 were made.

The Client didn’t submit a MR/appeal against the 10/10/17 decision and is now out of time. I am thinking of advising that she request an anytime revision on the grounds of official error (there is good evidence that her difficulties that enabled the successful PIP award were present at the time of the original claim).

The 2nd PIP decision 19/08/19 is just a few days from the 13-month time limit (deadline 19/09/20). Cl has a few days to submit a late MR then appeal, although in my view the award of ERDL/SRM appears to be accurate.

The current appeal will be fruitless as the Tribunal cannot go back to 2017.

Am I missing anything? Your thoughts?

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