tribunal in 2 weeks

Hi Doris

Section 12(8)(b) of the Social Security Act 1998 States:-

the First-tier Tribunal shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

This means that they can consider circumstances before and after the decision so long as the circumstances were the same as at the time of the decision. They can also consider an improvement in health since the decision but only to shed light on your health at the time of the decision. For example, if an appellant claims that he couldn't walk at the time of the decision but there is evidence of him running a marathon three months after, they can consider whether such an improvement was likely.

The time of the decision does not mean the actual day (you may have been feeling well that day!), a period of two to three months before that date is usually considered, to allow for variability in condition.

Ideally, doctors who write reports after the decision should be aware of the decision date and base the report at that time. But unless you state, or there is evidence of a change in circumstances, I think most tribunals will assume that your health hasn't changed. Or they may ask. If your health has improved since the decision and this is reflected in the reports from your GP or specialist, this should be pointed out to the tribunal.

I hope this has helped and not confused you further!

Best wishes

Derek

Hi Trina

I didn't realise that your son was only ten, and I'm pleased to hear that he will not be required to attend the hearing.

It is not uncommon for the DWP to make desperate arguments on appeal, and I'm sure you will be able to provide a much more accurate account of your son's disability. I was under the impression that being properly hydrated was essential for good overall health.

Although time is limited now, if you can get any supporting evidence from your GP or anybody who has worked with your son, that could add extra weight to your appeal.

Good luck with the hearing

Derek

Many thanks for you advice Derek. You've cleared a few of my concerns up.