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

SaraLou
SaraLou Community Member Posts: 6 Listener
in PIP, DLA, ADP & AA

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 💞

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Comments

  • SaraLou
    SaraLou Community Member Posts: 6 Listener

    @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🤔

  • SheffieldMan1976
    SheffieldMan1976 Posts: 2,351 Connected

    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
    SaraLou Community Member Posts: 6 Listener

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

  • Bluebell21
    Bluebell21 Community Member Posts: 3,900 Championing

    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
    SaraLou Community Member Posts: 6 Listener

    @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
    Yani09 Community Member Posts: 108 Empowering

    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
    SaraLou Community Member Posts: 6 Listener

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

  • Ross1975
    Ross1975 Community Member Posts: 1,210 Championing
    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
    SaraLou Community Member Posts: 6 Listener

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

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