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What evidence can I use for UC Tribunal

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1 year 4 months ago #281879 by Abramelin
What evidence can I use for UC Tribunal was created by Abramelin
Hi,

hope I can get some help with my query here.

I am on Universal credit and had a sick note from August 2022 and filled out UC50 30 days later.

will add info in brief.

I have been renewing my sick notes from August 2022 til the present day.

I had the WCA phone assessment in Dec 2022 and was denied in January 2023.
Completed Mandatory Reconsideration in February 2023 and denied nice and quick.
PTSD diagnosis January 2023
Had a diagnosis of Fibromyalgia in March 2023 but have suffered for 25 years without a diagnosis.
Now waiting for a Tribunal date.

I sent in a new sick note for a change of health issue of Fibromyalgia diagnosis in March 2023 but was not given a new UC50 form.
I now have short-term vision issues called an Optical Migraine caused by Fibromyalgia.
The worst part is I had total vision loss in both eyes for over 5 minutes, but had my eyes tested and my eye health is fine
but having these vision issues daily, eye consultant says the Fibro is affecting my nervous system, but the issues are not permanent but occur up to 20 mins at a time either eye and at any time.
For the last 2 months, I have been on Naproxen and can hardly walk without tablets.

Q.1

So my Citizen Advice Adviser is saying I can't add any new evidence to the tribunal from after January 2023 when I was first denied for, Limited Capability for work and relative activity (LCWRA).
Is this advice incorrect?

I thought I could give all pertinent evidence to the Tribunal as all health issues are related.
Did use all the booklet help from Benefits and Work very helpful.
And on a positive note, I was awarded PIP with the standard living allowance, applied online after phoning to start the process in March 2023 and the Award was given in June 2023

Thanks in advance for any replies

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1 year 4 months ago #281904 by BIS
Replied by BIS on topic What evidence can I use for UC Tribunal
Hi Abramelin

Your CAA is correct. When you go to Tribunal - they are looking to see if the assessment was correct at the time it took place - hence you are not supposed to submit 'new' evidence.

However, you are allowed to submit additional evidence. I assume when you had your original assessment and completed your form, you talked about the issues you had with pain, exhaustion etc., from your undiagnosed fibromyalgia - so the issues are not new. I would attach the confirmation of your diagnosis and leave it up to the Tribunal whether they ignore it or not. If you haven't already - get a letter from your doctor that confirms these issues have been ongoing for 25 years.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 4 months ago #281952 by Abramelin
Replied by Abramelin on topic What evidence can I use for UC Tribunal
Thanks, BIS

for the prompt reply. I have on my medical report that I received a head injury and symptoms started from there, hence Fibromyalgia and PTSD have a point of origin, and those symptoms had worsened and then got a sick note from my GP leading to PTSD diagnosis and eventually Fibromyalgia diagnosis.
Thanks again and will update here, on the tribunal decision.

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