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New diagnosis during wait for tribunal, does this affect my claim?

joey3joey3 Member Posts: 6 Listener
edited November 2018 in PIP, DLA and AA
Hello i am looking for some advice please. I have claimed Pip for chronic pelvic pain which i have been denied scored 0 points and had mandatory reconsideration denied. I do not have a tribunal date yet. When I went for my medical i had already been diagnosed with diverticular disease and I stated that i was awaiting an appointment with a urologist. I have since been diagnosed with painful bladder syndrome and I am now taking medication and been referred to bladder clinic. How does this diagnosis affect my claim? I had all the symptoms but no diagnosis as evidence. I hope i do not have to make a fresh claim?? Been 7 months already...any advice how to proceed would be appreciated thank you

Replies

  • Richard_ScopeRichard_Scope Posts: 2,727

    Scope community team

    Hi @joey3
    Welcome to the community. It's good to have you here! We have lots of knowledgeable members who will advise in PIP/DLA discussions

    Scope
    Specialist Information Officer - Cerebral Palsy

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    A diagnosis, makes no difference to a PIP claim. It's about how your conditions affect your ability to carry out daily activities against the PIP descriptors.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • joey3joey3 Member Posts: 6 Listener
    Ok thank you guessing there is no need for a new claim then. Hopefully the tribunal will go ok it's an awful process
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A diagnosis doesn't mean your condition has got worse. Starting a new claim when waiting for a Tribunal is never the best idea. Good luck with the Tribunal.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger
    It may be relevant if it confirms symptoms as real which were described in your claim pack which led to functional issues that ought to have scored points.

    If it doesn’t relate to any symptoms and restrictions you had on your date of claim then it’s irrelevant. 

    If you have new symptoms and they would score specific points then a new claim would need to be considered bit you’d need advice on that as it will make your existing challenge more complicated than it needs to be.
  • joey3joey3 Member Posts: 6 Listener
    Thank you yes the diagnosis does support the evidence i provided regarding my symptoms and difficulties. No new symptoms. Should be regarded as more evidence in my favour then, along with my medication.
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger
    Not necessarily. It depends on the extent to which your symptoms would enable you to score points and whether the symptoms were even in dispute. Many people decide that their symptoms are being disputed when it’s really whether you score points that’s at issue.
  • joey3joey3 Member Posts: 6 Listener
    The assessor stated i was not in pain and I have told them I strongly disagree with this but they have said the assessor is a medical professional and their evidence is therefore correct. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Whether you were in pain or not, it won't score you the points you need for an award. It doesn't tell them anything at all about how your conditions affect you against the PIP descriptors.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • joey3joey3 Member Posts: 6 Listener
    The report says they consider me to have the functional ability to carry out the tasks 😥 
  • joey3joey3 Member Posts: 6 Listener
    I have given them lots of information about how my conditions affect me on a daily basis and I have been very specific about the descriptors i think apply. Not really sure what else i can do to prove my evidence is genuine
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger
    Did you give them a couple of specifc examples of what had happened when you last attempted each activity? A couple over points scoring activity that is.

    Where? When? What happened? Who witnessed? What happened next and so on.
  • YadnadYadnad Posts: 2,856 Member
    Did you give them a couple of specifc examples of what had happened when you last attempted each activity? A couple over points scoring activity that is.

    Where? When? What happened? Who witnessed? What happened next and so on.
    Hi Mike,

    I have just been having a look at the PIP2 form and nowhere in all of the pages does it ask the claimant to go into that length of a statement. Have I missed it? I only say this because I always filled out the form strictly to the rules and questions stated and asked.
    Mind you it does appear that a booklet should have been sent to me along with the forms - I don't remember ever reading such a booklet - is it a new system.

    It doesn't affect me anymore obviously but I just wonder where you are coming from in suggesting giving these examples that don't appear on an official documentation. 
  • [Deleted User][Deleted User] Posts: 118 Listener
    joey3 know exactly
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger
    It’s the extra information boxes and the booklet doesn’t tell you to do that either. The questions asked have only a passing relationship to the law as the intent is to build a picture not play join every dot. Same with ESA. Check out the questions v the law. They don’t match exactly. It doesn’t always require length but it does require detail. 
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