PIP, DLA and AA
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Tribunal

pigeon55pigeon55 Member Posts: 116 Courageous
In the near future I have a court and tribunal hearing. Is my appeal for how my medical conditions effected me at my assessment or how they effect my ability to cope with life now.
Regards 

Replies

  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Hi,

    They will be looking at how your conditions affected you at the time the decision was made and not how you're affected now. Any worsening of condition won't be taken into consideration. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    Thanks for your reply..
  • OverlyAnxiousOverlyAnxious Member Posts: 429 Pioneering
    Hi,

    They will be looking at how your conditions affected you at the time the decision was made and not how you're affected now. Any worsening of condition won't be taken into consideration. Good luck.
    Out of interest, what are you supposed to do if your conditions worsen between the MR and tribunal hearing?  It must be quite common with such long waits for most people.  Is there someone you can contact before the tribunal or do you have to go through it and start a fresh claim afterwards if it fails?
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    If the Tribunal is because of being refused completely then starting a new claim is possible but i wouldn't advise doing that before the Tribunal make a decision.

    If you're refused at Tribunal then yes you can start a new claim but using the same evidence that was previously used will very likely see another refusal.

    Face to face advice is always needs before starting a new claim like this. Either way, which ever way you look at it, a worsening of condition is never taking into consideration.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    My appeal is for something the cab said they should have given me points for at the time and didn't. Yes my medical conditions have deteriorated in over 12 months and my medication has been increased. So how do they deal with this situation. 
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    They won't consider any worsening of condition since the decision was made. Any new evidence you send should relate to how you were at this time and not to any worsening of condition.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • worried33worried33 Member Posts: 386 Pioneering
    Just to add, you may get asked if your condition has worsened or got better since the assessment.

    This is not to determine if your current condition is bad enough (As poppy says it isnt relevant other than possibly determining review date).  But instead to help determine how bad you was at the time of assessment.

    So e.g. if you attend and they feel you not quite bad enough to warrant a descriptor but you then inform them your condition has "improved" since the assessment, that may lead to a ruling that you meet the descriptor (at assessment date).  In that situation I would expect a possible award with short review date as an example.
  • Chloe_ScopeChloe_Scope Administrator Posts: 8,358 Scope community team
    Hi @pigeon55, how are you getting on? :)
    Community Partner
    Scope
  • pigeon55pigeon55 Member Posts: 116 Courageous
    Had my assessment was given extra 2pts for loss of hearing. My mobility stayed the same and my benifits.
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