Tribunals’ Powers

Happy 2014, live long and prosper. I have a DLA hearing next week regarding a REFUSAL decision in May 2013. it raises some interesting points about a tribunal’s powers. My understanding is that the tribunal is able to consider all maters for the period from date of decision and hearing. In other words it has the same powers as the DM. I’d welcome other views?
In October complications set in as a result of surgery increasing care needs. The appellant has an excellent report from a consultant orthodox. surgeon.  What decisions can a tribunal make. For example and apart from the whole period.
Can it decide on change of circumstances.?
Can it decide from date of increase in care needs or is it bound by what decision it decides regarding the period May to October 2013?
If all things fail, can it make an award from October 2013 even if it decides no award is appropriate prior to this date?
Cheers
TC

In this situation the tribunal can only look at the circumstances at the date of the decision that is being appealed against,in this case May 2013.

Any changes of circumstances arising after this date can not be taken into account so a new claim needs to be made as soon as possible,this will now need to be for PIP.

Unfortunately, a tribunal is limited to looking at the decision as it was on the date it was made. Any change in circumstances should be notified to the DWP and go from there. The tribunal will not concern themselves with the change in circumstances but will look at the person’s health in general around the time of the decision. 

In this case it looks to me as though one of two things will happen. Either a DLA award is made based upon health in May and a change of circs is reported to DLA and you try for a higher award (if the risk to the DLA award is deemed either to be low or worth it) or the DLA appeal fails and a new claim for PIP is made based upon health as it is now.

...and given the three month waiting period, now would seem a good time to be thinking about it…

Thanks for your help.