- Posts: 20
× Members
PIP Tribunal
- Trendy202
- Topic Author
- Offline
Less More
3 days 14 hours ago #302686 by Trendy202
PIP Tribunal was created by Trendy202
Good morning
Please can I ask if new evidence on a completely new illness can be sent to tribunal before the hearing? Or does the tribunal just look at illnesses on original PIP form.
Thank you
Please can I ask if new evidence on a completely new illness can be sent to tribunal before the hearing? Or does the tribunal just look at illnesses on original PIP form.
Thank you
Please Log in or Create an account to join the conversation.
- Chris
- Offline
Less More
- Posts: 1281
2 days 12 hours ago #302751 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic PIP Tribunal
Hi Trendy,
I have sent new evidence to a tribunal before and it's been accepted. I got a confirmation letter about this.
Chris.
I have sent new evidence to a tribunal before and it's been accepted. I got a confirmation letter about this.
Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Trendy202
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1475
1 day 3 hours ago - 1 day 3 hours ago #302825 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP Tribunal
Hi Trendy202,
Strictly speaking a Tribunal can only take into account health problems at the time of the initial claim. Please note, DWP and sadly some tribunals will maintain this means at the time if the relevant DWP decision however of this is an initial claim caselaw has clarified that this will encompass the 3 months before the claim and 9 months after. ('Relevant period')
Nevertheless, if you have acquired a new illness outside the 'relevant period' then it is possible that the tribunal won't award any points based solely on the illness as it is outside of the legal remit for the original appeal, if this is so the tribunal may say that you will need to reapply to DWP for a Supersession (further revision decision)
But....a lot will depend on what the new illness is...
Many health conditions co-relate to others. Basically, you get the first and the second often follows. Or things like eg having back ache due to herniated discs, and then you get knee ache - perhaps these are more related than you think, especially if the knee pain comes from poor posture/bad walking due to the back problem! If there is a definite causal connection, or a secondary condition that stems from the first then your 'new' condition isn't actually new and there is no reason why the tribunal shouldn't take thus into account in full.
Finally a new condition may be relevant as it simply shows that your health is genuinely bad, and that you really do have significant health problems, which even if not accepted will gain extra points at least makes the previous comments in the claim form likely to be true!!
I hope this helps.
LL26
Strictly speaking a Tribunal can only take into account health problems at the time of the initial claim. Please note, DWP and sadly some tribunals will maintain this means at the time if the relevant DWP decision however of this is an initial claim caselaw has clarified that this will encompass the 3 months before the claim and 9 months after. ('Relevant period')
Nevertheless, if you have acquired a new illness outside the 'relevant period' then it is possible that the tribunal won't award any points based solely on the illness as it is outside of the legal remit for the original appeal, if this is so the tribunal may say that you will need to reapply to DWP for a Supersession (further revision decision)
But....a lot will depend on what the new illness is...
Many health conditions co-relate to others. Basically, you get the first and the second often follows. Or things like eg having back ache due to herniated discs, and then you get knee ache - perhaps these are more related than you think, especially if the knee pain comes from poor posture/bad walking due to the back problem! If there is a definite causal connection, or a secondary condition that stems from the first then your 'new' condition isn't actually new and there is no reason why the tribunal shouldn't take thus into account in full.
Finally a new condition may be relevant as it simply shows that your health is genuinely bad, and that you really do have significant health problems, which even if not accepted will gain extra points at least makes the previous comments in the claim form likely to be true!!
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 day 3 hours ago by LL26. Reason: Omission
Please Log in or Create an account to join the conversation.
- Trendy202
- Topic Author
- Offline
Less More
- Posts: 20
16 hours 31 minutes ago #302828 by Trendy202
Replied by Trendy202 on topic PIP Tribunal
Thank you LL26 for your comprehensive reply. I was completely unaware that I could put extra evidence in so thank you.
The following user(s) said Thank You: LL26
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David