Diagnosis not included in PIP Claim Pack

Hi

Need some advice on an appeal I have coming up.

Client filled in her PIP2 form in February 2022 stating issues with back/legs and other conditions. In July 2022, she was rushed in for emergency surgery and had a Stoma Bag fitted. She phoned the DWP couple of days after having the Stoma fitted and was told that this would be added to her original claim as no decision had been made.

Client then received a decision rejecting her claim but with no mention of the Stoma Bag and subsequent issues which she explained. The Appeal Bundle does not mention the Stoma Bag at all despite assurances that it had been included in the original claim.

I am going to mention this on my written submission - will the Tribunal Panel be able to include the Stoma Bag as a health condition along with subsequent descriptors claimed eg toileting needs.

Thanks

Adam

The Tribunal needs to consider the position as at the date of the DWP decision. They are not in the slightest bit bound by whether or not it is mentioned in the claim form or elsewhere as long as it was a fact in existence at that date.

The three month required period condition would still apply, so if the person only qualifies because of this development, the tribunal would need to award it from three months after the situation changed.

Some further points:

1 - you don’t need a diagnosis anyway although obviously there would need to be reference to the consequent functional issues arising out of a condition.

2 - is a stoma a health condition or is it the consequence of a health condition?

3 - I don’t believe there is any telephony route for adding things to a claim.

Other than that, what Elliot said.