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Advice for Tribunal

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2 months 1 week ago #299210 by ||Paul||
Advice for Tribunal was created by ||Paul||
Hi,
Applied for PIP last July. Mentioned my health problems and how they affect my daily life - scored 0 points.
Mandatory review - again, scored 0 points.
I've just had the "bundle" from the DWP and find it very intimidating.
I suffered a major heart attack at the age of 47 (now 52) and have other health problems since then - diabetes type 2, Diverticulosis, Sleep Apnoea and other issues. Recently diagnosed with depression and anxiety (which I feel is related to my previous heart attack and complete change of life)
The response from the DWP to the tribunal has indicated that to consider the depression and anxiety I may have to start a new claim from today's date as it wasn't a pre-existing issue - has anyone else found this?
Does anyone have any advise for my response to the tribunal?

Thanks in advance :-)

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2 months 1 week ago #299285 by BIS
Replied by BIS on topic Advice for Tribunal
Hi ||Paul||

I'm afraid unless you mentioned the depression and anxiety when you originally applied or during your MR - then the DWP is correct. The Tribunal's job is to judge whether the DWP made a fair decision during your assessment and MR. They do not consider new information, because that would not have been available to the assessor.

Did you have a telephone assessment and did you get hold of your PA4 (the assessment report?) to understand why they awarded you zero points?

Have you also been through out Guide to put in a PIP Appeal and the guide for Challenging a Medical Report- to make sure that you have enough information to mount your fight back. You can still add any further information to your appeal papers right up until two weeks before the appeal takes place. Obviously, it has to be based around the information you originally told them.

If you start a new application - then you need to have had any condition for the three months before you application is submitted and will last for at least the nine following months.

If you have any further questions - do come back and ask and we will try to help.

BIS

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

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