Should I request an MR/tribunal or go for a fresh application?

LackingSleep

Apols if this type of question has been done to death - but I have a couple of nuanced queries to add… (and apologies for this getting a bit long and detailed).

I had my PIP telephone assessment back in September 2023 (after first applying in November 2022 while I had time off work during a miscarriage). I never got round to completing the forms once I went back to work because I wasn't handling my time management and work stress (In my old job I was always behind at work and spend any spare time and energy I have catching up in my own time…).

As a result I didn't finally submit my application until April 2023 (and by August 23 I had to chase and chase to find out where my application was at as on their end it had blown passed all their standard waiting times).

By the time I had my interview, I was between jobs (I had finally left/been pushed out of my evil previous job!) - but I wasn't able to fully engage at the interview and it took over three hours. The interviewer was pretty useless and asked me so many questions that were totally irrelevant/suggested that she hadn't bothered looking at my application.

I scored one point based on something that I'd never even had properly diagnosed before (postpartum incontinence). In the face of loads of reports on different conditions I have ranging from ADHD to a back and foot condition impacting my mobility.

By the time I had received their response letter, I had started my new job and was finding it really difficult to keep up - so I didn't have time to look into challenging the letter - and I knew I wouldn't be able to make the deadline.

Fast forward to May 24 (I've now passed probation at my new job!) and I've recently also been diagnosed with autism, so I'm starting to think about doing a new PIP application and have only just read about the 13 month rule…

My questions are:

1. Should I do a fresh application, and focus it mainly only the ADHD/Autism/dyspraxia issues and not add in the kitchen sink of all my other conditions - as this made my application really long and difficult for myself to navigate through the drafting of. (Yes I am saying my condition makes it difficult for me to put in a complex application by myself, I feel if I made it more straightforward that would have helped?!)
2. I realise I ought to see if I can challenge/go to tribunal - but one of the reasons I got the feeling they were motivated to turn down my application was because any award would have to be backdated to Nov '22. I'm sure I'm being unreasonably paranoid here - but this is also one of the factors behind my motivation to do a fresh application.
3. I never feel like I'm up to advocating for myself in a tribunal - but would I just be kicking the can down the road in a new application as I'd likely end up at tribunal again eventually?

As linear thought is really not my strong suit, I'd appreciate any sound advice I should consider before ringing DWP and falling into some kind of trap.

Many thanks to whoever has even attempted to read this!

Albus_Scope

Heya @LackingSleep and welcome back.

Firstly, big congrats on passing your probation, that must feel pretty great? And welcome to the ASD club, I'm glad you finally got your membership. 😉

With regard to your PIP, it's not about any diagnosis, it's more about how you can explain how your disabilities affect each of the descriptors. So if you focus purely on that part, you should be ok. Though again, it could end up coming down to a tribunal again, but they tend to be worlds apart from the actual assessments and tend to be very friendly and easy going.

So the choice is totally up to you. If you were to continue this claim, you'd have to reason why it's taken so long to put in for a MR.

LackingSleep

thank you so much for your comment - it meant a lot as I try to parse through the decision making process!

I can’t even find my stupid rejection letter (I’ve moved house 4 times since I started this application!)

Albus_Scope

Oh blimey, that's quite a few moves! Hopefully it'll be in one of those boxes you just never quite got around to unpacking. 😉 It's a very stressful process, so please be gentle with yourself and know the tribunal really do have your best interests at heart, it's just the waiting that's the worst part.

poppy123456

If you continue and challenge with the most recent decision then please be aware they will only take into consideration what your conditions were like at the time the assessment took place. Any worsening of condition since then will not be considered.

If you start a new claim then doing so using the same evidence you previously used could see another refusal. As Albus advised, it's not about a diagnosis. If you do decide to go down this route you should put all of your conditions down on the form.