PIP Tribunal Rejected Appeal Despite Full LCWRA award. What to do?

Hello,

I have just joined B&W and I hope you can help me.

I found out end February 23 that the Tribunal did not go on in my favour to increase my PIP daily and mobility to enhanced after a fall I had back in November 2019.

I am still suffering from the fall (on crutches and right arm doesn't function properly) and additional conditions were identified, including Fibromyalgia, anxiety and depression.

I live on my own and struggle to do most tasks and in hindsight, I struggled to see just how much I was struggling.

I applied for UC in December 2019 but didn't actually get the LWCRA award until July 2021 after they acknowledged my health truly (and still does) affect my ability to work (I was assessed by a medical doctor).

I was then advised to apply for PIP, which I did in August 2021. I appealed to DWP after their decision in February 2022 (standard allowance for living and nothing for mobility) and eventually was given a chance to go to Tribunal first week in February 2023.

During this time, I was able to start getting more oversight with my conditions, referred to mental health, pain clinic, my medication has been changed, dosages increased and the additional diagnosis of Fibromyalgia in May 2022 (doctors believe I have had it since my fall and it's worsened over time. It is notoriously difficult to diagnose), which I and my doctors all sent in to DWP and the Tribunal.

However, when I attended the Tribunal, they said that they could only consider the evidence prior to February 2022 (the point of the appeal of decision) and could not take into consideration what was happening now!

What I do not understand is that even that prior evidence was enough for a full LWCRA award for UC ,which was done by a medical doctor.

I know that I cannot challenge Tribunal as they followed the law according to this loophole of only considering evidence up to my initial appeal in February 2022.

What can I do so that the additional diagnosis etc are taken into account? I did loads of Googling and all I could find is to reapply for PIP, but is this correct?

I have lost everything (finances, home, family, independence) and I am not sure how much more I can take.

Any help is greatly appreciated.
Many thanks in advance

Hello BIS,

Many thanks for getting back to me so quickly on this as explaining further around the Tribrunal.

Yes, I do have PIP but at the standard allowance for daily living and 0 for Mobility.

Ok, tomorrow morning I will put in my request of change of circumstances to address my additional diagnosis and worsening of my symptoms.

It seems so bizzare that with the questions being so similar with UC on LWCRA, that the awards can be so different! And with PIP I didn't have a doctor like I did with UC!

Are there any guides you have concerning PIP change of circumstances, in terms of how to go about it? I have been using CAB until I found this resource, only found it this week because I was trying to find out what to do.

Again, thank you so much for your support in this.

Many thanks for this Biz - I gave requested for a Change of Circumstances form and I will check out your links in terms of resources to help me with the form.

It has been an incredible difficult season in my life and I appreciate any help I can get. It is so isolating, especially when doing this all on your own.

I appreciate the help, I will keep you all posted in terms of outcome and process, so I can help others too in my position.

Many thanks again,

Ang38