New evidence

AndrewHall

I am caring for someone who is disabled. In October 2022, the assessor awarded him 6 points DL and 4 points Mobility.  Back pain issue was raised and he needed aid to wear his shoes but DWP ignored this and no point was awarded in descriptor 6.  The Tribunal confirmed DWP's decision in November 2023.  However, there is a diagnosis in February 2024 which confirmed back problem did exist.  Can we appeal to the Upper Tribunal on the basis of new medical evidence which has now come to light. 

chiarieds

Sorry, but you can only appeal to the Upper Tribunal if there is an error in law, so you'd need to have someone look through this to see if that might be the case. Even if an error in law is found, then it would have to be sufficient that this might change his award in order to proceed. This also should be done within one month of receiving a decision letter from the first tier tribunal.

https://www.gov.uk/government/publications/form-ut1-application-for-permission-to-appeal-to-an-upper-tribunal-judge-and-notice-of-appeal-for-social-security-child-support-tax-credits-housin