PIP, DLA and AA
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Which way to go with my PIP

NorthernerNortherner Member Posts: 6 Listener
I was awarded PIP middle rate care and higher rate mobility at the end of last year. As a lot of the points for my care were based on an old care plan from 2016 I have appealed which was turned down and now awaiting for a tribunal date. In the mean time my care plan is being updated which I hope should result in the additional points if DWP agree with it. So I don’t know how this works. Should I continue with the tribunal and take the new care plan with me or should I report a change in circumstances to DWP or both? If I cancel the tribunal in the mean time and report a change of circumstances can I re appeal if the descision does not change? 

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Northerner and welcome

    The tribunal cannot take into consideration any condition that was not present at the time of your assessment.
    Is your new care plan due to a new condition or a significant worstening ?
    If so then the tribunal cannot consider it

    If you continue with your tribunal then if successful your award will be backdated to the decision date

    If you report a change of circumstance this will bring a new decision that supercedes your current award. This new decision also comes with the right to MR and appeal

    If you do both any new decision via your tribunal with only be valid until a new decision is made,

    CR
    Be all you can be, make  every day count. Namaste
  • NorthernerNortherner Member Posts: 6 Listener
    Hi thanks for your reply. All conditions were on my original PIP application but were not accepted as my 2016 care plan did not reflect what I was saying. So the DWP decided against what I claimed and referenced the care plan for the award. The 2018 care plan will reflect my original application. So I am not sure if this is a change of circumstances or not? 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    If your new careplan relates to your PIP application then it would not be considered as a CoC.
    Have you sent your submission yet ?
    If not then you should include a copy with it
    If you have then you should send a copy to the tribunal for inclusion

    If you are waiting for a date for an oral hearing any new evidence must be with the tribunal 7 days before hand.

    CR
    Be all you can be, make  every day count. Namaste
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