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PiP Tribunal decision
- dab1
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11 months 1 week ago #285626 by dab1
PiP Tribunal decision was created by dab1
Hello,
Can you help me pls?
My partner went to a tribunal today. Since DWP refused her application, she applied for a Tribunal appeal. As her medical condition has been deteriorating, she has been sending medical reports regarding new issues both to the court and DWP.
Today at the Tribunal the Judge said that they can only adjudicate on the medical issues contained in her original application and that new medical conditions arising after the submission of the original application and subsequent refusal by DWP must be put in a NEW application.
Q: If she puts in a new application containing her new medical issues as well as her original conditions is her original application null and void and she has to go to the back of the queue again to be processed .
Or, if her original appeal is rejected by the tribunal on the basis of her conditions listed in her original application only, can, if she put a a new application in, the DWP say that it would not consider the conditions originally listed and adjudicated on by the tribunal.
I hope this makes sense to you all.
The tribunal today suspended the hearing saying that they can only reach a judgement based on the original medical conditions contained within the original application. Just to make it even more interesting they decided that my partner should be accompanied by an interpreter(She's Hungarian with uk status) at the next hearing which they said would be in the new year!!
Can you help me pls?
My partner went to a tribunal today. Since DWP refused her application, she applied for a Tribunal appeal. As her medical condition has been deteriorating, she has been sending medical reports regarding new issues both to the court and DWP.
Today at the Tribunal the Judge said that they can only adjudicate on the medical issues contained in her original application and that new medical conditions arising after the submission of the original application and subsequent refusal by DWP must be put in a NEW application.
Q: If she puts in a new application containing her new medical issues as well as her original conditions is her original application null and void and she has to go to the back of the queue again to be processed .
Or, if her original appeal is rejected by the tribunal on the basis of her conditions listed in her original application only, can, if she put a a new application in, the DWP say that it would not consider the conditions originally listed and adjudicated on by the tribunal.
I hope this makes sense to you all.
The tribunal today suspended the hearing saying that they can only reach a judgement based on the original medical conditions contained within the original application. Just to make it even more interesting they decided that my partner should be accompanied by an interpreter(She's Hungarian with uk status) at the next hearing which they said would be in the new year!!
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- Gary
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11 months 1 week ago #285641 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PiP Tribunal decision
Hi dab1
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.
The Tribunal Judge is correct, they can only assess your partner as she was when she was assessed by the assessor, if her condition has deteriorated substantially then her option will be to make a new claim but as you rightly point out if it is the same condition then it may be struck out.
As your partner has already appealed the original decision, the Tribunal will try and base how your partner was at the time of the assessment, which is very hard to do if your partner is saying her condition has deteriorated, she may need to explain how her condition has deteriorated.
I usually advise claimants when we go to a tribunal not to say their condition has got worse, I find that claimants will say their condition has got worse thinking, saying it has got worse will go in their favour, but in fact it will go against them.
Gary
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.
The Tribunal Judge is correct, they can only assess your partner as she was when she was assessed by the assessor, if her condition has deteriorated substantially then her option will be to make a new claim but as you rightly point out if it is the same condition then it may be struck out.
As your partner has already appealed the original decision, the Tribunal will try and base how your partner was at the time of the assessment, which is very hard to do if your partner is saying her condition has deteriorated, she may need to explain how her condition has deteriorated.
I usually advise claimants when we go to a tribunal not to say their condition has got worse, I find that claimants will say their condition has got worse thinking, saying it has got worse will go in their favour, but in fact it will go against them.
Gary
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- Kurt
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11 months 1 week ago #285703 by Kurt
Replied by Kurt on topic PiP Tribunal decision
Hello everyone, In case you have an appeal in court for PIP and some conditions have improved compared to when you started the complaint what should be done? Thank you.
Kurt
Kurt
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- Chris
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11 months 1 week ago #285721 by Chris
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Replied by Chris on topic PiP Tribunal decision
Hi Kurt,
I'd advise them ASAP. It's best to always be honest, because the last thing you want is for it to seem like fraud if your circumstances have improved.
Regards, Chris.
I'd advise them ASAP. It's best to always be honest, because the last thing you want is for it to seem like fraud if your circumstances have improved.
Regards, Chris.
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- Kurt
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11 months 6 days ago #285763 by Kurt
Replied by Kurt on topic PiP Tribunal decision
Thank you Chris
There is no intention of fraud, I was wondering how to act just if you appeal in court, how to do it, attach a statement, Why using an anti-Inflammatory I can bear better a condition and I have three of all important conditions but this is linked to the mobilization, with anti-inflammatory pain makes part of my days variable and more bearable but it is due to a drug that is never ideal for long to use. Or just to not lose credibility I do not make the appeal anymore, which is something that devastates me for how much suffering it is causing me and consider making a new complaint. I am really tired and tried of all these things.
There is no intention of fraud, I was wondering how to act just if you appeal in court, how to do it, attach a statement, Why using an anti-Inflammatory I can bear better a condition and I have three of all important conditions but this is linked to the mobilization, with anti-inflammatory pain makes part of my days variable and more bearable but it is due to a drug that is never ideal for long to use. Or just to not lose credibility I do not make the appeal anymore, which is something that devastates me for how much suffering it is causing me and consider making a new complaint. I am really tired and tried of all these things.
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- Gordon
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11 months 6 days ago #285767 by Gordon
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Replied by Gordon on topic PiP Tribunal decision
Kurt
In regard to the appeal, as Gary has previously responded, the panel can only consider your partner's conditions as they were at the time of the Decision being appealed, so they cannot include any improvements that have happened since.
However, just as you confused the issue by updating them about issues that had deteriorated since the Decision, you would do the same by including information about an improvement. You cannot hide the information if asked, as it might affect the length of any award that they might make. but I see no obligation to notify them of your own free will.
As to the DWP, you are legally required to notify them of any improvement that might lead to a change of award, I think this is what Chris is referring to. Be aware, that doing so will almost certainly result in a new assessment.
Gordon
In regard to the appeal, as Gary has previously responded, the panel can only consider your partner's conditions as they were at the time of the Decision being appealed, so they cannot include any improvements that have happened since.
However, just as you confused the issue by updating them about issues that had deteriorated since the Decision, you would do the same by including information about an improvement. You cannot hide the information if asked, as it might affect the length of any award that they might make. but I see no obligation to notify them of your own free will.
As to the DWP, you are legally required to notify them of any improvement that might lead to a change of award, I think this is what Chris is referring to. Be aware, that doing so will almost certainly result in a new assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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