Pip claim

dcl1979

Hi need some advice again

I applied for pip on 27th Feb 2023

I had a telephone assesment and was waiting ages. On 19th July they didn't send the letter saying I was turned down so I contacted them on August 17th 2023 asking for a update and to update them with my new health problems.

On 18th July I had something similar to a stroke and lost my speech to about 20%. This was the night of the first doctors strike where 111 advised me it would be 16 hour wait for an ambulance and further 8 hours wait in local A&E. 

I had updated my Universal Credit with the discharge and conditions presumingly going to DWP as well on 20th july

On august 17th i rang I was then advised about the letter being sent, which they never they said so I asked for a mandatory reconsider and a copy of my report which advised I never even qualified for a single point. This is after being awarded lcw and recovering from having a major operation and organ removed. They didn't take it account the new health conditions

I  sept 2023 I asked for a tribunal court appeal and been updating with all my health. 

I got a 100 page document from the court with the evidence they supplied turning me down. Even has the dates of my UC health Assement and UC awards

Question 1) I thought the departments was separate and assements not transferable??

Going through the evidence and even after the reconsideration they dug up my full assessment of my UC health assesment in April 2023. Not just the report we get the full reports that detailed how I entered the building and how many times I looked at my phones. Got out the chairs and went to the toilet. Before even going into the room

They submitted this as additional evidence on 24th October saying I was perfect health

Questions 2 and 3 and 4

Q2) is it illegal to start an assesment on cctv and start taking notes on the way you enter the building and in the waiting room filling out form and way you are made to wait

Q3) is it against data protection to access my UC assesment and send that in on 24th October to the court

Q4) if they have accessed my whole record from DWP on 24th Oct saying they are not considering new conditions as they decided on 19th July 2023 I was fully fit. Why didn't they take my lcw award previously. 

They have awarded me lcwra on Jan 7th 2024 but  not had the hearing

Q5) how long before a hearing takes? 

Q6) do I send them my lcwra award and will that be considered in the hearing and such seeing they are accessing my details on Oct 24th

I was also advised of a degenerative eye problem in Dec 2023 where I require a full theatre eye operation early 2024. I got sent my whole medical record from the hospital for my eyes and its proven this has seriously got worse over last two year. The document is over 500pages long

Q7) I did mention this and should I submit the document (if I do they have to print all 500 pages and send it to all parties as evidence) would it be considered in the hearing

Q8) does the court hearing consider new conditions on-going conditions as a open claim?? Do I need to make a new claim but I was advised I can only have 1 claim open. So is this closed.

Q9) If claim again for all the new conditions can this be back dated to 20th July and add the history 

Thanks for advice in advance

poppy123456

That's an awful lot of questions! To answer some of your questions..

The Tribunal will not take into consideration any worsening of condition since the assessment took place. You need to be careful sending new information about any worsening of condition because this can go against you. You need to think back to how your conditions were at the time the assessment took place.

Yes, they can sometimes request information from GP and past work capability assessments, especially if the evidence you sent contradicts some pieces of evidence. Less if very often more so constantly sending in more evidence if they all say the same thing, isn't helpful.

LCWRA doesn't automatically entitle you to PIP.

If you start a new claim for new health conditions, no it will not be backdated to July last year. As you're waiting for a Tribunal then starting a new claim can complicate matters somewhat. Doing so will create a closed period so if awarded by a Tribunal you will only be awarded up until the day before you started a new claim.

dcl1979

I got my court ruling today.

I didn't get it on certain points 

They awarded me no mobility points as expected. 

They did award me 2 points on my social side. Engaging with people face to face. And need prompting 

Still point 5 is interesting and hoping the experts can shine more light especially with it be legal court speak. I quote, other than removing my name - ×. (Brackets are question points and not exact copy) rest of text out of brackets is point 5 word for word
 

5) by reason of mutliple conditions Mr (me -x) is significantly limited. However he does not score sufficient points to meet the criteria for either components of pip.

A few days before the decision Mr x attended hospital with symptons which were subsequently diagnosed as a functional neurological disorder (1). The tribunal considered that this is a new health condition which arguably would lead to an increase into Mr x needs for the purpose of assessment entitlement to pip (2). However, the effective date of any change or increase in needed would be after thr date of decision and the tribunal cannot take this into account

Mr x should consider reporting a change of circumstances to DWP straight away (3) so they asses his health needs in thr light of new diagnoses. He would then would have a right of appeal against any new decision made if he was unhappy with the outcome
 
So my questions or interpretation 

(1) is a the tribunal and judge of these lands confirming with medical prove I have been diagnosed with FND? 

(2) are they all but saying I should qualifying for pip (without mobility) 

(3) that Putting a new claim in is allowed and with above possible guaranteed, but the question is can I back date it to the point ot of.illness or the point of appeal as my.unserstanding I can't have a open claim or appeal at same.time?

poppy123456

1/ Can't answer that question because i can't see any letters you had from any appointments you've recently had. Surely you should know that if you've seen the letters?

2/ They are advising you to start a new claim. However, doing so using the same evidence you previously used could see another refusal, which could lead to you going down the Tribunal route again.  You should get some expert advice before starting a new claim.

3/ No, it will not be backdated to an earlier date. If successfully awarded it will be from the date you rang to start a new claim, which i did advise in my previous comment.