PIP Appeal and change of circumstances

Hi Dappy Doo

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

An appeal will only look at your condition as you were when you first had your assessment, if your condition as deteriorated since then then you need to apply for a change of circumstances.

The mistake most people make when the go to a Tribunal is to say their condition has got worse, this makes it very hard for the Tribunal to determine what you were like when you were assessed.

I would advise you before you do anything to seek help from your local Welfare Rights Organisation who will be ble to take all your circumstances into consideration; advicelocal.uk

Gary

Hi Dappy Doo

The point of the Tribunal is to see whether the DWP were correct in their decision to award you standard care and no mobility. Even though your health has deteriorated since then, they can't consider it because that would make it impossible for them to judge whether the DWP acted correctly or incorrectly. An assessor can't be criticised for not accounting for information unavailable during the assessment. So the Tribunal will look at the papers sent in by the DWP, which will include the recent report, your form, your evidence and past information.

You don't need to fill in all the Appeal information at once. I would start the process this Friday rather than jumping in and making another decision before you have thought it through. You can always withdraw your appeal if you need to. You don't have to put in all the information at once - you can go back and update it. You can submit information up to three weeks before a Tribunal takes place. I would ring and ask the Tribunal service in your area how long they are taking to come through. It used to be up to a year. Some members have reported theirs being cancelled because of a shortage of staff, but some people have had their appeal done in as little as four months - so it might be worth checking.

I don't think you can simultaneously put in for a change of circumstances as an Appeal, but Gordon or Gary will correct me if I'm mistaken. Before you go down the change of circumstances route, you should understand what will happen. As soon as you put in for a change of circumstances, which you can do by ringing them or sending them a letter and you will be sent a review form. From what we are hearing, change of circumstances are taking quite a long time because they are prioritising new claimants first or people whose awards are ending. So it may take anything from four months to up to a year. However, if you were to have an improved award, the money would be backdated to the point of which you informed them of a change of circumstances. (This does not include information that you have already sent in, because it wasn't submitted as an official change of circumstances).

I know you said that they didn't understand how bad your condition was before, but did you ever get hold of your assessment report to understand why you weren't awarded what you were expecting? It's a PA4. You can ask for a copy of this report at any time if you don't have it. It's a key piece of information to understanding why they came to the decision. Even if you think it was because they just didn't read some of the information you provided, you can make sure that you emphasise particular points.

The other thing is to understand how the system works. Often people say that their condition has deteriorated and that is true - but that won't necessarily mean that they will receive more points under the PIP system. All I'm saying is check where you weren't awarded points - what you think you should have been awarded and what you think you will be awarded now in light of a deterioration in your health.

You have since been diagnosed with a further condition/s. The DWP will only take note of something that you have had for three months before informing them and the certainty that it will continue for at least the following nine months.

I know you're housebound, so it is difficult for you to get any help with this, but I would click on the link to see if there is any service that can offer you some online specialist welfare advice.

So my advice here is to start the appeal process - so you don't miss out on that. Make sure that you have looked at the advice we have on putting in an appeal so you don't miss out on anything. There are several valuable Guides including the Guide to PIP Appeals.

Then, when that is in place - you can consider whether you will be better putting in for a change of Circumstances. Go through the Guide to PIP claims and reviews and see that you understand how to give yourself the best chance of getting the award you deserve. If that seems a better option for you, cancel your appeal and put in for a change of circumstances.

If you have any further questions - come back and ask, and if I'm wrong about doing both simultaneously - someone will correct me.

BIS