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PIP Appeal
- Diane14
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5 months 2 weeks ago #292328 by Diane14
PIP Appeal was created by Diane14
I applied for PIP in Oct 2022. I was turned down on 22.12.22 after a telephone assessment with 4 points. I then did a mandatory reconsideration - decision dated 13.2.2023 - no change still 4 points.
I then appealed 13.3.23 and have since sent in lots of medical evidence. My condition has worsened and I was under the impression that any evidence would be taken into account. I finally (after much chasing) have got an appeal date of 17th June 2024 ( some 15 months after I first put the appeal in). Is this a normal amount of time to wait for a hearing? I was constantly being told they were struggling to get venues in which to do the hearings!!
I have just read on another forum that the Tribunal will not take any new evidence into account from the date the original claim was put in. Is this right? If so why do they say send new evidence in. I would imagine anyones condition when applying for PIP may deteriorate over a period of 15 months which I have been waiting for my hearing date.
The other forum also mentioned for any “deterioration “ in your condition you should start a new PIP claim even though you already have one waiting for a tribunal decision. If that’s the case I have never been advised by the DWP to do that. Has anyone come across this before?. I feel that I have come so far and am not going to get a positive decision at my hearing. Any advice anyone could give me would be greatly appreciated. Thanks
I then appealed 13.3.23 and have since sent in lots of medical evidence. My condition has worsened and I was under the impression that any evidence would be taken into account. I finally (after much chasing) have got an appeal date of 17th June 2024 ( some 15 months after I first put the appeal in). Is this a normal amount of time to wait for a hearing? I was constantly being told they were struggling to get venues in which to do the hearings!!
I have just read on another forum that the Tribunal will not take any new evidence into account from the date the original claim was put in. Is this right? If so why do they say send new evidence in. I would imagine anyones condition when applying for PIP may deteriorate over a period of 15 months which I have been waiting for my hearing date.
The other forum also mentioned for any “deterioration “ in your condition you should start a new PIP claim even though you already have one waiting for a tribunal decision. If that’s the case I have never been advised by the DWP to do that. Has anyone come across this before?. I feel that I have come so far and am not going to get a positive decision at my hearing. Any advice anyone could give me would be greatly appreciated. Thanks
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- Catherine
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5 months 2 weeks ago #292335 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic PIP Appeal
Hello Diane14
Depending on where you live in the country a wait of 15 months for an appeal is not unusual.
The tribunal are considering whether or not the original decision which was made back in December 2022 was the right one. You will almost certainly find when you attend the hearing that they will remind you to answer the questions reflecting back to that time.
Regarding additional evidence this is a little bit fuzzy. If you have found some evidence which predates Dec 2022 then that is absolutely submissable and should be taken into consideration. If however between Dec 2022 and now you have for example had some tests which shed light on the conditions you had back in Dec 2022 then they are also useful and the panel should take them into consideration.
However, if for example, between Dec 2022 and now you had been unfortunate enough to have an accident and this had made the condition you had back in Dec 2022 worse or given you a new condition, then the panel cannot take that into consideration because it does not throw light on whether or not the right decision was originally made. A much more likely scenario is that a condition which you had in Dec 2022 has got worse, but the same logic applies.
So - if your condition has got worse since Dec 2022 to the extent that you think you should now be awarded a higher award than you should have been given back then, then yes, you should make a new application.
If you do that, then the appeal will still go ahead, and the decision which the panel make will be backdated to October 2022 and continue until the decision is made on your new application. At that point the decision on your new application will become effective.
I would suggest that you go ahead with the hearing on the 17th and see what the outcome is. If you think the outcome fits your current condition then you can relax. If it does not, then you can consider starting the whole process again, but you will hopefully have the background of a helpful appeal decision behind you.
I hope that makes sense,
Catherine
Depending on where you live in the country a wait of 15 months for an appeal is not unusual.
The tribunal are considering whether or not the original decision which was made back in December 2022 was the right one. You will almost certainly find when you attend the hearing that they will remind you to answer the questions reflecting back to that time.
Regarding additional evidence this is a little bit fuzzy. If you have found some evidence which predates Dec 2022 then that is absolutely submissable and should be taken into consideration. If however between Dec 2022 and now you have for example had some tests which shed light on the conditions you had back in Dec 2022 then they are also useful and the panel should take them into consideration.
However, if for example, between Dec 2022 and now you had been unfortunate enough to have an accident and this had made the condition you had back in Dec 2022 worse or given you a new condition, then the panel cannot take that into consideration because it does not throw light on whether or not the right decision was originally made. A much more likely scenario is that a condition which you had in Dec 2022 has got worse, but the same logic applies.
So - if your condition has got worse since Dec 2022 to the extent that you think you should now be awarded a higher award than you should have been given back then, then yes, you should make a new application.
If you do that, then the appeal will still go ahead, and the decision which the panel make will be backdated to October 2022 and continue until the decision is made on your new application. At that point the decision on your new application will become effective.
I would suggest that you go ahead with the hearing on the 17th and see what the outcome is. If you think the outcome fits your current condition then you can relax. If it does not, then you can consider starting the whole process again, but you will hopefully have the background of a helpful appeal decision behind you.
I hope that makes sense,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dellilah
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- Diane14
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5 months 2 weeks ago #292388 by Diane14
Replied by Diane14 on topic PIP Appeal
Thanks very much for your help Catherine. I will let you know how the appeal goes and hopefully it may help others to know.
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