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Appeal and change of circumstance

mama101

hello all,

I am currently awaiting a tribunal date for PIP from my award date of 16 January 2024. I was awarded standard mobility but felt I should have got standard daily as well (2 points off). My condition has worsened and I am now on more medication etc etc. do I need to report these change of circumstances to PIP or do I need to wait for tribunal to be over and then report them ?

Thank you

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Comments

chiarieds

Hi @mama101 - I'm sorry your condition has worsened, but as far as PIP is concerned, that won't be taken into account, as it's how you were at the time of your assessment that's looked at. So, you don't need to report this, or the increase in your meds to the DWP.

In general, a worsening of condition doesn't necessarily mean that this might increase the points you have, so it's always worse checking if you might get sufficient points to actually alter any award before putting in for a 'Change of circumstances'. For now, all the best for a successful tribunal.

mama101

hello, thank you for your reply sorry I am a bit confused.

I am aware my appeal is based on my assessment date which was in November 2023 and what my medical condition was then. But I wasn’t sure if I was meant to let PIP know about my condition worsening from June 2024 as it says on all the letters that any change of circumstances need to be report or if I wasn’t able to because of the awaited tribunal?

Just a bit confused on what to do

chiarieds

Rest assured that a change in your condition &/or medication is not something you need to report as a 'Change of circumstances' at any stage unless it means it would alter an award. This does confuse some people, but if you reported a 'Change of circumstances' now you'd be sent a new claim form to complete, & likely have another assessment, something you really wouldn't want whilst waiting for a tribunal.

Imagine if you were awarded the enhanced rate of PIP for either the daily living or mobility component of PIP at your tribunal. Then, even if your condition has worsened, you wouldn't want to put in for a 'Change of circumstances' as you couldn't increase either award. Of course if you instead improved & this would result in a lower award then such a change should be reported.

poppy123456

You also mention that your conditions have got worse since June but for a worsening of condition you must have had that for at least 3 months and expect it to continue for at least a further 9 months.

Reporting changes while waiting for a Tribunal should always be approached with caution because by doing this, any new decision that's made will overrule the Tribunal decision. Which means if the Tribunal ruled in your favour and you were awarded a higher award then you will only be owed the difference between your current award and new award up until the day before you reported the changes.