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New health condition
- debathome
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1 year 2 months ago #282855 by debathome
New health condition was created by debathome
Hi, Does anyone know if, once you have fought the DWP through the courts and you get a judgement in your favour, if you then get a new health condition, can you ask the DWP to look at your claim again with your new diagnosis?
I have spent the last 2/3 years fighting Pip on behalf of my son, he has ADHD (Mixed ) / Autism. I needed the Courts to look beyond the titles and see the daily struggles, depression and anxiety that my son encounters, which they have, finally!. They awarded him standard rate Daily living and standard rate Mobility ( 12/12/2022 - 11/12/2025 ) Since having made the claim, my son has been diagnosed with Fibromyalgia, which is causing my son to be in a lot of pain. If it can be added, how do we go about it?
Many thanks.
I have spent the last 2/3 years fighting Pip on behalf of my son, he has ADHD (Mixed ) / Autism. I needed the Courts to look beyond the titles and see the daily struggles, depression and anxiety that my son encounters, which they have, finally!. They awarded him standard rate Daily living and standard rate Mobility ( 12/12/2022 - 11/12/2025 ) Since having made the claim, my son has been diagnosed with Fibromyalgia, which is causing my son to be in a lot of pain. If it can be added, how do we go about it?
Many thanks.
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- BIS
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1 year 2 months ago #282859 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic New health condition
Hi debathome
You can put in for a change of circumstances - in which case you will be sent a review form. This does not go back to the court - it is a process with the DWP, and they will look at his whole case again.
Think carefully before you do this. Your son needs to have had the diagnosis for three months before you inform the DWP and the certainty that it will continue for the following nine months - otherwise, the DWP will ignore it. You also want to look at where you think he will score extra points because of the condition; otherwise, you will put him through a review for no reason, and you always risk them downgrading his current award.
You will need to show the impact of the pain against the specific criteria. I don't know whether he has any pain medication - but be ready to discuss/argue it. Fibromyalgia is a condition misunderstood by many medical professionals - so don't assume that the person reading it knows or understands what you're talking about. (You already know what that's like with ADHD and Autism).
BIS
You can put in for a change of circumstances - in which case you will be sent a review form. This does not go back to the court - it is a process with the DWP, and they will look at his whole case again.
Think carefully before you do this. Your son needs to have had the diagnosis for three months before you inform the DWP and the certainty that it will continue for the following nine months - otherwise, the DWP will ignore it. You also want to look at where you think he will score extra points because of the condition; otherwise, you will put him through a review for no reason, and you always risk them downgrading his current award.
You will need to show the impact of the pain against the specific criteria. I don't know whether he has any pain medication - but be ready to discuss/argue it. Fibromyalgia is a condition misunderstood by many medical professionals - so don't assume that the person reading it knows or understands what you're talking about. (You already know what that's like with ADHD and Autism).
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LL26
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1 year 2 months ago - 1 year 2 months ago #282863 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic New health condition
Hi debathome,
To briefly add to BIS' excellent reply. It is not the diagnosis that gives rise to PIP but its effect. If your son has had symptoms for a while but has only just been diagnosed, especially if you mentioned 'also has fatigue and pains' on the previous claim form/ review form or at tribunal then it is unlikely there will be any possibility of any change in circumstances to allow an upgraded award.
Remember that if you get the maximum available points under any one section even if you now take much longer, have much more pain etc then as BIS says you won't get any more points, as this simply isn't possible.
I hope this helps.
LL26
To briefly add to BIS' excellent reply. It is not the diagnosis that gives rise to PIP but its effect. If your son has had symptoms for a while but has only just been diagnosed, especially if you mentioned 'also has fatigue and pains' on the previous claim form/ review form or at tribunal then it is unlikely there will be any possibility of any change in circumstances to allow an upgraded award.
Remember that if you get the maximum available points under any one section even if you now take much longer, have much more pain etc then as BIS says you won't get any more points, as this simply isn't possible.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 2 months ago by LL26.
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