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Help with PIP Tribunal

Randowl

Hey everyone, new here, Hoping I can help others as well as receive a little help myself with my current PIP appeal.

I applied for PIP in January 2024 for support with ADHD, depression, severe anxiety and social anxiety. It affects me everyday and I really struggle. It was following severe burnout from working 2 jobs until 2023. I'm still struggling with it now.

Since then things have changed. I've been experiencing chronic pain since a serious infection in November. Family history of fibromyalgia and all the symptoms are similar. I'm currently seeing the doctor about it and it's made day to day life harder managing all the issues I had before with added pain in all my limbs. Since talking to my mum and a few others I know with Fibro, I'm beginning to realise I've had symptoms for a few years but they weren't bad enough to affect me to the point of not being able to do anything.

Now I struggle to walk further than 150meters.

I've since been diagnosed with ADHD and sent them my report. In that report it suggests I score highly for autism too and I'm awaiting for assessment through Right To Choose.

That is something that's obviously been with me since birth and the more i've researched and spoke to others, I realise a lot of my struggles are due to it. I will wait for the assesment results before I declare anything to anyone but it makes a lot of sense.

Anyway, will I be able to discuss this at the tribunal or will they only want to discuss what was wrong at the time of the application like ESA?

Any help would be greatly appreciated!

Chris

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Comments

Holly_Alumni

Hi @Randowl I've checked a few places and most say when they've submitted new evidence for a new illness to the tribunal ahead of it taking place, it was accepted so it definitely looks like it's worth submitting. Probably best to do it before though, rather than at the tribunal.

chiarieds

Not quite sure where Holly checked, but a tribunal will not usually take into consideration any worsening of condition/new diagnosis; it's how you were when you received your decision letter, which is what you're appealing against.

That said, if you'd mentioned any symptoms that 'might' have been due to fibromyalgia in your claim form/assessment then it will be OK, tho you say you've only worsened since Nov, which I'm sorry to read about.

Autism & ADHD are often found together, but I wouldn't worry about a lack of a diagnosis for this or fibro as PIP isn't based upon any diagnoses.

Sending your ADHD report (which mentions autism) is fine, again so long as any difficulties you already had, & had identified in your claim form or at the time of your assessment, could be related to this.

You can send anything to a tribunal in other words, but they won't take anything into consideration if you haven't already mentioned it, as they won't deem it relevant.

@Holly_Scope - Please see https://cpag.org.uk/welfare-rights/key-topics/pip-appeals/law-facts-evidence#check-evidence which says,

''It doesn't matter if the evidence (including medical evidence) is dated after the date of the decision, as long as it clearly relates to your condition at the time of the decision you’ve appealed. The tribunal can’t take into account any changes in your circumstances that occur after that date. This includes if your condition has got worse.''

Holly_Alumni

Thanks @chiarieds, appreciate you're input here. 🙂

I had a look at a few places, but predominantly the benefits and work where someone had sighted they were successful submitting this new medical issue evidence ahead of their tribunal. I'll try and dig out the link.

Randowl

What would be the best course of action? Do I just wait for the tribunal and then ask for a review if I’m successful for PIP?

Or should I just stick with what’s decided at tribunal and wait for my natural review date?

sorry I just don’t know what I should do. Thank you for the help so far.

Randowl

Sorry to dig this back up but I asked for my doctor for a letter just confirming what I struggle with, etc. And she came back to me stating she can't because she isn't with me 24/7. I get that, but so many people have told me to get a letter from my doctor with a fair few of them getting one from their own doctor… Is she fobbing me off?

Dendoo

most won’t because they don’t know how we are affected . They can be called to court over it .

Randowl

https://forum.scope.org.uk/discussion/comment/1038874#Comment_1038874

Thats fair enough. Thank you Dendoo!

jazmine19

I have a pip tribunal coming up.i informed them of a change in health.they stopped my daily living but put me on low mobility.as nothing had changed in my daily living this was july 2024,i had a breakdown at work in sept,2024.i have been off work 6 months I have sent the tribunal my fit notes who as passed on to dwp.will they take this into account?

Albus_Alumni

Heya @jazmine19 and welcome to the community.

Unfortunately the tribunal will only look at your condition as it was when you had your assessment.

jazmine19

Thankyou for your reply.

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