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PIP-Is MR last chance to add new evidence?

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1 year 11 months ago #277025 by Perdita
I am about to ask for a MR for PIP. I have gained one new piece of evidence, which is really to reinforce evidence already provided for one particular activity out of the activities I am disputing the scores for. I need to get my MR in pretty soon. There was no PA3 done this time (old one has been used), so I have no new medical assessor's report to challenge which is a bit difficult. It seems pointless to focus on the old PA3, other than pointing out the old PA3 is irrelevant to how I am now. I know some people get a bit more than a month from the PIP Award Decision letter to lodge a MR by explaining lateness of lodging MR due to awaiting copy of the medical assessor's report - I cannot do this as there is no new report, so I am having to hurry with lodging my MR. What I need to know is - Is this the last chance to add new evidence, or if it goes to appeal, would I be able to add new evidence then at that stage?

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1 year 11 months ago #277046 by LL26
Hi Perdita,
Obviously if you do not submit new evidence eg a medical report it is unlikely that DWP will change their decision. However, even if you submit the evidence they may not change their mind anyway!
You will have the opportunity to appeal to the tribunal and can submit anything you haven't already sent in at that stage. In reality as long as you send stuff in within 2 weeks if the hearing date thus won't be a problem,( even though the appeal info might tend to suggest that you have to send things in shortly after you receive the appeal papers.)
So...get the MR sent in on time and worry about extra stuff later.
It is important to note that whilst you can clearly send a statement from a friend or carer to confirm your disabilities and/or help required, any extra evidence must relate to things that have happened around the time of the decision. That said, a medical report written yesterday may still be important. If for example your current medical report shows an increased amount of medicine or new medicine this can confirm that your condition has become worse ( which DWP might be disputing) Equally, the report might confirm less walking ability, or more arthritic degeneration, which will support your claim that you do in fact have a long term and serious disability. A medical report that simply shows a totally unrelated new health condition is likely to be ignored by both DWP and the tribunal. Moreover, it won't help prove your case. That said, if you have had the symptoms for many months, ie before the PIP claim, but have finally got your hospital appointment and new diagnosis confirming the symptoms who have had for a long time, this report will be relevant as it deals with contemporaneous problems albeit the report is much later.
If you are waiting on a hospital appointment to get a report or the factor us just being slow at sending this out, don't worry, just send it in when you can. DWP should review any new evidence even if not sent in as part of MR.

I think the most crucial thing here is to explain all your health conditions and the limitations in respect of PIP activities that they cause. Diagnoses are not critical. The most important thing is to explain eg I have weakness in my joints and get very dizzy, and I can't do X....because....
If you have spoken to the GP say so, say you are awaiting hospital tests etc and what tests are to be done.
Make sure that even though you may not have the report or whatever other piece if evidence is yet to be received that you argue all the relevant pip descriptors. You do not want to come across as lacking credibility because eg you haven't mentioned poor walking ability and thus seems to be a new thing not mentioned before. At least if you have put it at MR and hopefully on the claim form, even if there is no official diagnosis or medical report you can show consistency throughout.
I hope this helps.
Good luck with the MR.

LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 11 months ago #277047 by Gary
Hi Perdita

You can add supporting evidence to your appeal, if you have a face to face appeal I have added evidence on the day of the appeal although you will need 3 copies. usually the Tribunal would want supporting evidence up to two weeks before the hearing date.

Gary

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