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PIP Tribunal date wait or change of circumstance application?

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1 year 10 months ago #278090 by Peter
So, I have been through the system like everybody else, and was awarded PIP for Standard Daily Living last year. I felt that I should have been awarded Enhanced (I was 1 point short) and Standard Mobility (they had scored me 0). I submitted a MR, which was rejected as expected, and then my Tribunal appeal.
I have to date been waiting over 3 months now, about 14 weeks, and from what I can see the best date I can hope for is around 30 weeks, so mid July (I’m not confident of that either!).
Since my original application last year, my illnesses and symptoms have worsened and become more medically defined than when I applied for PIP originally. I have now 4 conditions diagnosed by a neurologist, spinal consultant, and MSK specialist (spinal stenosis, essential tremor, clonus, and migraine), with ongoing treatment and permanent meds, whereas my original application was essentially for a recurring bad back and tremor.

I am wondering if, considering the length of time I am having to wait for the Tribunal under the original ‘lesser’ conditions application, it may not be better to submit a change of circumstance instead?

I know there is always a risk, in that you can lose what you already have, but in my case I think that unlikely as all my MRI’s, x-rays, consultant letter’s etc point out this worsening condition.

I would be interested in both what people with far better knowledge than I think of either option ( just wait for the Tribunal or submit a CoC), and also can the two processes run side by side?

Can you submit a change of circumstance while still waiting for a Tribunal date, or does one cancel out the other?

Thanks for taking a look.

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1 year 10 months ago #278109 by Gordon
Peter

Two things you need to be aware of.

First, the Tribunal can only consider your limitations as they were at the time of the Decision being appealed. Any changes since then are legally excluded. If you are relying on these changes to make your case then won't help.

Secondly, notifying the DWP of a Change of Circumstances will create what is called a Closed Decision in regard to any outcome from the Appeal. What this means is that any revised Decision made by the Tribunal will only apply up to the date you notify the DWP of the Change.

Gordon

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

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