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Tribunal

pigeon55

In the near future I have a court and tribunal hearing. Is my appeal for how my medical conditions effected me at my assessment or how they effect my ability to cope with life now.
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Comments

poppy123456

Hi,

They will be looking at how your conditions affected you at the time the decision was made and not how you're affected now. Any worsening of condition won't be taken into consideration. Good luck.

pigeon55

Thanks for your reply..

OverlyAnxious

poppy123456 said:

Hi,

They will be looking at how your conditions affected you at the time the decision was made and not how you're affected now. Any worsening of condition won't be taken into consideration. Good luck.

Out of interest, what are you supposed to do if your conditions worsen between the MR and tribunal hearing? It must be quite common with such long waits for most people. Is there someone you can contact before the tribunal or do you have to go through it and start a fresh claim afterwards if it fails?

poppy123456

If the Tribunal is because of being refused completely then starting a new claim is possible but i wouldn't advise doing that before the Tribunal make a decision.

If you're refused at Tribunal then yes you can start a new claim but using the same evidence that was previously used will very likely see another refusal.

Face to face advice is always needs before starting a new claim like this. Either way, which ever way you look at it, a worsening of condition is never taking into consideration.

pigeon55

My appeal is for something the cab said they should have given me points for at the time and didn't. Yes my medical conditions have deteriorated in over 12 months and my medication has been increased. So how do they deal with this situation.

poppy123456

They won't consider any worsening of condition since the decision was made. Any new evidence you send should relate to how you were at this time and not to any worsening of condition.

worried33

Just to add, you may get asked if your condition has worsened or got better since the assessment.

This is not to determine if your current condition is bad enough (As poppy says it isnt relevant other than possibly determining review date). But instead to help determine how bad you was at the time of assessment.

So e.g. if you attend and they feel you not quite bad enough to warrant a descriptor but you then inform them your condition has "improved" since the assessment, that may lead to a ruling that you meet the descriptor (at assessment date). In that situation I would expect a possible award with short review date as an example.

Chloe_Alumni

Hi @pigeon55, how are you getting on?

pigeon55

Had my assessment was given extra 2pts for loss of hearing. My mobility stayed the same and my benifits.