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PIP appeal - waiting for a diagnosis?
- Ellen
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7 years 10 months ago #160701 by Ellen
Replied by Ellen on topic PIP appeal - waiting for a diagnosis?
But you have been very helpful - I'd be in even more of a mess if it hadn't been for the help/guides/forum postson here - so thankyou.
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- Ellen
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7 years 7 months ago #168505 by Ellen
Replied by Ellen on topic PIP appeal -new diagnosis while waiting.
Following on from my previous posts I've now been given my paperwork with an official ASD diagnosis , but I'm still waiting for HMCTS to contact me about a tribunal- I don't know whether I should just wait for my tribunal ( based on my original pip form of sept 2015) or submit a change in circumstances .?
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7 years 7 months ago #168510 by Gordon
I can't see from your previous posts whether a PIP award was made or not?
Even if you win your UTT appeal by far and away the most likely result is that a new FTT appeal will be ordered which you may still not win and it could still be many months before you hear.
If you do not have an award then it would be a new claim.
If you do then your ASD diagnosis does not in itself imply any Change of Circumstances, you will have had the ASD since birth and therefore the effects will have been taken into account by yourself when you completed the PIP and by those assessing you when they looked at your claim.
For a Change to have occurred there must have been a documented improvement or deterioration of your conditions.
A new Decision or CofC will result in a new Decision on your claim being made, you need to be aware that this will limit any Decision made as a result of UTT appeal, the bottom line is that if the appeal results in a positive Decision and the new claim / CofC results in no award then it will be the no award that is carried forward.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal -new diagnosis while waiting.
abby wrote: Following on from my previous posts I've now been given my paperwork with an official ASD diagnosis , but I'm still waiting for HMCTS to contact me about a tribunal- I don't know whether I should just wait for my tribunal ( based on my original pip form of sept 2015) or submit a change in circumstances .?
I can't see from your previous posts whether a PIP award was made or not?
Even if you win your UTT appeal by far and away the most likely result is that a new FTT appeal will be ordered which you may still not win and it could still be many months before you hear.
If you do not have an award then it would be a new claim.
If you do then your ASD diagnosis does not in itself imply any Change of Circumstances, you will have had the ASD since birth and therefore the effects will have been taken into account by yourself when you completed the PIP and by those assessing you when they looked at your claim.
For a Change to have occurred there must have been a documented improvement or deterioration of your conditions.
A new Decision or CofC will result in a new Decision on your claim being made, you need to be aware that this will limit any Decision made as a result of UTT appeal, the bottom line is that if the appeal results in a positive Decision and the new claim / CofC results in no award then it will be the no award that is carried forward.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 7 months ago #168521 by Ellen
Replied by Ellen on topic PIP appeal - waiting for a diagnosis?
Yes I got an award ( er care but no mobility )- I appealed to go to UTT but then the original FTT got set aside on an error of law- now waiting on a new Skype hearing.
That's the thing- the ASD diagnosis doesnt change any of my pip answers , it's just the DWP red tape that if you can 'tick the box' to have an official diagnosis of a learning disability it moves you out of the ' people with mental health issues can only score 4 points for mobility ' train of thought. No it wasn't taken into account because I couldn't declare it because I didn't have an official diagnosis . Having a bit of paper doesn't change my ability/ inability to do stuff- it just adds supporting evidence I didn't have a year ago.
That's the thing- the ASD diagnosis doesnt change any of my pip answers , it's just the DWP red tape that if you can 'tick the box' to have an official diagnosis of a learning disability it moves you out of the ' people with mental health issues can only score 4 points for mobility ' train of thought. No it wasn't taken into account because I couldn't declare it because I didn't have an official diagnosis . Having a bit of paper doesn't change my ability/ inability to do stuff- it just adds supporting evidence I didn't have a year ago.
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