PIP, DLA and AA
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Waiting on a date for hearing. My health has worsened since original claim. Can I ask for a review?

tess19tess19 Member Posts: 7 Listener
edited July 16 in PIP, DLA and AA
further to my last post earlier re pip court tribunal

im waiting on a court date hearing but since my original claim my health has got worse, do i have to wait for the court tribunal hearing or can i ask for a review by the dwp becuase my health has got worse?

Replies

  • janer1967janer1967 Member Posts: 11,205 Disability Gamechanger
    Hi there 

    You can report a change in circumstances 

    However get expert advice before doing so it is only advised to do so if there has been a significant change in your functionality in reference to the descriptors 

    Also a new decision would wipe out any award you get at tribunal as this would then be the latest review 

    It may be worth waiting till you see the outcome of the tribunal as if they award enhanced then you can't get any higher award 

    This is just my opinion though other may advice different 

    But again I would get expert advice first 
  • mikehughescqmikehughescq Member Posts: 6,646 Disability Gamechanger
    Any deterioration will be irrelevant to your appeal claim as that only looks at what you were like on the date of claim. You can theoretically ask for a review but because the issue is already at appeal what will happen is that you'll be invited to make a new claim and, if you do so, the period your appeal covers will be limited to the day before your second claim. 

    If you raise your deterioration at the appeal hearing you are a fool to yourself as you will have effectively invited the tribunal to accept that the original refusal was right and you should go away and make a new claim. 

    Also, be careful what you wish for. A second claim is likely to fail too. Claims do fail because you don't qualify and then maybe later do but most claims fail because of the quality of the form and anecdotal evidence. If you do the second claim the way you did the first you cannot assume that the second will succeed simply because you got worse. Doing things the same way tends to produce the same outcomes. Do you think you will be able to cope with 2 claims which both go to appeal?
  • tess19tess19 Member Posts: 7 Listener
    thanks mike good advice.
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