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Definition of new condition for PIP tribunal

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6 years 10 months ago #215452 by lynn
My mother (who has limited capacity) sent in the initial form for PIP in December 17 on the basis that she had had a stroke and was previously receiving DLA. She was assessed in February 18. She was not awarded PIP.

At the time she had undiagnosed level 4 and stage 4 COPD. The GP confirmed this diagnosis in March 18.

In the PIP appeal papers (supplementary advice note PA6) it states that "this condition was not reported during the assessment or on the PIP2. No medication was reported consistent with diagnosis... indicating this is a change in her circumstances. On the basis of this a new assessment would be required"

I want to argue that this occurred because she does not manage her own health - plus as far as I am aware it is not possible to develop level 4 and stage 4 COPD in the space of a month., so this would have been an undiagnosed (not new) condition at the time of the assessment.

Please can you advise me of how to address this issue in the PIP tribunal - ideally with a legal form of words, so that this condition can be taken into account in the appeal.

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6 years 10 months ago #215461 by Gordon
Lynn

I agree with you that COPD does not develop overnight but I don't think it is the issue that you think it to be, there will be a doctor on the panel and I think that they will understand this.

I think it is more important that you understand that PIP is not awarded for a condition but rather the limitations that result and specifically in regard to a number of daily activities.See our PIP Claim guide for the criteria that she needs to meet.

www.benefitsandwork.co.uk/help-for-claimants/pip

You really need to go back through her PIP2, the assessment report and our guide making sure that she has explained her problems in a way that fits with the legally defined Descriptors.

She needs to be able to complete each activity "reliably" and "on the majority of days", these terms are defined in the Claim guide.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lynn

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