Deterioration of condition since appeal launched

Hi there

We are completing the paperwork to be submitted at least one week before my mother's DLA tribunal in a couple of week's time. Since the EMP visited and she lodged her appeal, her condition has worsened. I think that information relating to the changes in her condiction are not relevant. Is that correct? When we write the letter highlighting her mobility problems (and the gaps/omissions in the EMP's report), should we include details of how her condition and mobility has worsened?

Any advice would be appreciated. Thanks

quenchycup wrote:

Hi there

We are completing the paperwork to be submitted at least one week before my mother's DLA tribunal in a couple of week's time. Since the EMP visited and she lodged her appeal, her condition has worsened. I think that information relating to the changes in her condiction are not relevant. Is that correct? When we write the letter highlighting her mobility problems (and the gaps/omissions in the EMP's report), should we include details of how her condition and mobility has worsened?

Any advice would be appreciated. Thanks

Hi,

The tribunal can only take account of her needs at the time the decision was made by the DWP regarding her DLA.

Any subsequent deterioration cannot be taken into account, however may subsequently be used to ask the DWP for a review of her claim post the tribunal.

However if she is awarded DLA at the tribunal, she should seek face to face help to ensure the safety of her award and to see whether the deterioration actually would lead to an increased award.

Pete

Thanks so much for replying so quickly.

Since seeing the EMP and then being awarded the lower rate of DLA she has been to the Acute Pain Service and it has provided a report about her conditions - conditions she had when she applied for DLA. Even though that report wasn't available at the time she applied for the benefit, can we refer to it and use it as it doesn't soley relate to her more recent deterioration in mobility?

quenchycup wrote:

Thanks so much for replying so quickly.

Since seeing the EMP and then being awarded the lower rate of DLA she has been to the Acute Pain Service and it has provided a report about her conditions - conditions she had when she applied for DLA. Even though that report wasn't available at the time she applied for the benefit, can we refer to it and use it as it doesn't soley relate to her more recent deterioration in mobility?

Hi,

If the report relates to her care and/or mobility needs at the time the DWP made the decision on her claim it can be admissible at the tribunal.

So, as you have put it above then yes, it maybe used. Any report that shows subsequent increased care/mobility needs will be ignored.

Pete

Hi Pete

That's really helpful. Thanks very much.