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Old Evidence, New Claims.
- Steve Blue
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8 years 6 months ago #143258 by Steve Blue
Old Evidence, New Claims. was created by Steve Blue
Hi all,
This is a non-urgent query, so if you've more pressing questions currently this query can wait.
To summarise, in the past my dad's condition has been questioned, incorrect decisions have been made by the DWP, and benefits were affected as a result. In the end, further evidence was supplied, and HM Courts reversed the DWP's decision without us having to attend court.
At some point next year my dad's ESA (with Support Group addition) will end as he's coming up to retirement. He currently gets DLA, but at some point he's (I assume) likely to be asked to claim for PIP instead.
My question is, with regards to supplying previous evidence... Can old evidence be submitted?
The reason I ask this is because in the past it has been very difficult to obtain certain evidence. Not because my dad's condition isn't genuine, but because it would be unnatural for a doctor or therapist to write a specfic thing. For example, even if it was true that a patient is unable to walk 15 or 20 metres without becoming out of breath - I don't feel it would be natural for a doctor to write it without being asked to point it out spefically - and if something isn't written in an exact way evidence is easily dismissed. We have documentation from previous cases (which is still valid as my dad's condition isn't curable), but would it still be accepted as evidence? Asking a doctor to make sure that they include a specific piece of information (even though true) seems forced and unprofesional.
Kind regards -
Bluebear.
This is a non-urgent query, so if you've more pressing questions currently this query can wait.
To summarise, in the past my dad's condition has been questioned, incorrect decisions have been made by the DWP, and benefits were affected as a result. In the end, further evidence was supplied, and HM Courts reversed the DWP's decision without us having to attend court.
At some point next year my dad's ESA (with Support Group addition) will end as he's coming up to retirement. He currently gets DLA, but at some point he's (I assume) likely to be asked to claim for PIP instead.
My question is, with regards to supplying previous evidence... Can old evidence be submitted?
The reason I ask this is because in the past it has been very difficult to obtain certain evidence. Not because my dad's condition isn't genuine, but because it would be unnatural for a doctor or therapist to write a specfic thing. For example, even if it was true that a patient is unable to walk 15 or 20 metres without becoming out of breath - I don't feel it would be natural for a doctor to write it without being asked to point it out spefically - and if something isn't written in an exact way evidence is easily dismissed. We have documentation from previous cases (which is still valid as my dad's condition isn't curable), but would it still be accepted as evidence? Asking a doctor to make sure that they include a specific piece of information (even though true) seems forced and unprofesional.
Kind regards -
Bluebear.
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- Gordon
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8 years 6 months ago #143280 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Old Evidence, New Claims.
Bluebear
All DLA claimants who were under 65 on 8 April 2013 will be invited to claim PIP even if they are over the age of 65 when this happens.
There is no reason why old evidence cannot be used providing you can show that it is still relevant, this is most likely to be the case for conditions where the level of function is not reasonably expected to improve or is even likely to deteriorate. Even then, you would need to explain that this was still the case and that the claimant has not been able to adapt to the limitations that result.
Gordon
All DLA claimants who were under 65 on 8 April 2013 will be invited to claim PIP even if they are over the age of 65 when this happens.
There is no reason why old evidence cannot be used providing you can show that it is still relevant, this is most likely to be the case for conditions where the level of function is not reasonably expected to improve or is even likely to deteriorate. Even then, you would need to explain that this was still the case and that the claimant has not been able to adapt to the limitations that result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Steve Blue
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