PIP Tribunal on Wednesday. DWP moving the goal posts....PLEASE ADVISE!!!

SaraLou

Hi everyone,

I am looking for some clarification on the PIP Tribunal Appeal process. Originally my claim was for chronic back pain and extreme anxiety and depression(I won't go into all the details). I was awarded standard for both parts but there were some discrepancies from DWP. Anyhoo, moving on, in October I was diagnosed with AuDHD, I informed the DWP and the court but I was under the impression that I couldn't use this as evidence as it wasn't in my original claim. Last week I received a letter from the court stating DWP had submitted no change to my claim referring to my AuDHD diagnosis.

What I need to know is, can my recent diagnosis be used in court as it was made 8 months after my claim?

Many thanks for any advice 💞

Emilee

@SaraLou, the PIP tribunal will focus on how you were at the time of assessment, so a new diagnosis made after that point is not usually considered.

Remember, PIP is not based on diagnosis but on functional impact. Many people claim successfully without any formal diagnosis.

That said, you are still the same person you were prior to the diagnosis and would likely have been experiencing the same difficulties; you now simply have a name for it.

My advice would be not to focus on this as a change (which cannot be considered), but a name you've now got which helps explain the functional impact on your day-to-day life that you had already described and reported to them at your initial assessment and application.

SaraLou

@Emilee

Thank you for your comment, it's very helpful. I did think that was the case but it threw me when I received the letter referring to my recent diagnosis🤔

Emilee

https://forum.scope.org.uk/discussion/comment/1117099#Comment_1117099

It'll be because you've updated them and they may have considered that you reporting a change.

Remember, rather than being a change, the diagnosis has helped explain the cause of some of the issues you explained to them previously (particularly anxiety and mental health), not that the issues are new or have changed. That framing will be important if you would like them to consider it.

SheffieldMan1976

You need to submit irrefutable medical evidence from a qualified Doctor to assert your claim of AuDHD, then they can't turn round and say you're making it up to get more money.

SaraLou

@SheffieldMan1976 I have sent copies of my psychiatrists diagnosis but I wasn't sure if that would be used at the tribunal.

Bluebell21

Hi @SaraLou The PIP tribunal will focus on how you were at the time of assessment, so a new diagnoses will not be considered.

SaraLou

@Bluebell21 Hi, that's what I thought but then I received a letter referring to my new diagnosis so I was a bit confused lol.

Yani09

If it was me.. I would draw attention to the said facts during my Tribunal. ADHD was present during assessment.. just not diagnosed. So, consideration should be allowed if it is relevant to your claim.

SaraLou

@Yani09 I'm going to be prepared for all eventualities, just in case😊

Ross1975

https://forum.scope.org.uk/discussion/comment/1117098#Comment_1117098

A later diagnosis isn’t necessarily disregarded. While it can’t be used to show a new condition or a change after the decision it can still be taken into account if it helps explain difficulties the person was already experiencing at the time.

So in this case, the AuDHD diagnosis wouldn’t count as a change in circumstances, but it could still be useful as supporting evidence to give context to the symptoms and challenges they had already described.

It’s a subtle difference but quite an important one for people going through tribunal.

SaraLou

@Ross1975 Hi, thanks, I better get working on my appeal now I know what I'm doing 😊