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Is there a period of time for condition decrease?
- Chlorinated
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3 years 8 months ago #262193 by Chlorinated
Is there a period of time for condition decrease? was created by Chlorinated
Is there a period of time a worsening state of condition needs to last before it can make a difference?
For example if you become bed bound from a state of being able to walk do you notify them
Immediately or do you check you are in this state for a period of time before you let them know and do they have a criteria eg the new state must be for 3 months for it to be accounted for so that it can make a difference to point?
Also I believe somewhere I read that not notifying them of a decrease in condition can get you into trouble, is this true?
Thanks
For example if you become bed bound from a state of being able to walk do you notify them
Immediately or do you check you are in this state for a period of time before you let them know and do they have a criteria eg the new state must be for 3 months for it to be accounted for so that it can make a difference to point?
Also I believe somewhere I read that not notifying them of a decrease in condition can get you into trouble, is this true?
Thanks
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- LL26
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3 years 8 months ago #262194 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Is there a period of time for condition decrease?
Hi Chlorinated,
There is no official time period. However, I think it unlikely that unless something drastic happens such as amputation, or there's an accident etc it is unlikely that DWP will accept a worsening condition that has recently occurred. That said, by the time you realise things have become worse, especially if this isn't a dramatic change, then you have obtained a new form, filled it out and returned it, then and possibly had another assessment this could easily be several months!
Remember that if you are already on enhanced daily living and/or mobility, no amount of worsening will give you any more benefit for either component. Likewise if you already score the maximum amounts under any one descriptor, or the maximum that you would ever get for your kind of disability, again you will not achieve further points, despite eg more pain, more lack of movement etc etc.(Thus is because PIP points can be awarded when you can not perform the activity for the majority of days, so if your previous status allowed better days, and now you just have bad days, more points cam not be awarded.)
However, if you don't have the enhanced or maybe even standard rate on either section then of course worsening disability such as less walking ability could provide more points and allow benefit or a higher award as appropriate, so it would be worthwhile applying to DWP, who will then review your whole claim. Whilst often agreeing that more points should be awarded, DWP may decide to award less. It is unlikely but does sometimes happen!
It is unlawful not to report an improvement in your health where this would result in a reduction in benefit.Clearly if you are no longer entitled to all or part of your previous PIP not only will you be overpaid, but likely to be investigated for fraud!
DWP ask for you to report worsening conditions, so that you can get more benefit if appropriate. Clearly you are not going to be committing fraud if you don't bother to claim a higher amount of benefit that you deserve!
I advise my personal clients not to inform DWP of worsening symptoms unless you want to claim more benefits. Clients have never come back to me saying this has been a problem. The only caveat is that if you go into hospital, or a care home this can affect your benefit after 28 days, so you must disclose this.
As I said earlier, without a drastic incident, conditions often become worse over time. You will find yourself thinking one day, oooh this is very difficult today, I used to be able to do this easily. Two or three days later you think the same and realise things have got worse, and then you will probably look back and conclude it could have been several months ago that you did the activity better but you just haven't realised!
Also bear in mind that some people will have flare ups. Initially you might suspect a flare up, and will genuinely believe things will settle down on a week or two. A month or so later, and things haven't settled you could probably rightfully conclude you have actually got worse and it isn't a flare up. It is of course difficult to know until time has passed!
I hope this helps.
LL26
There is no official time period. However, I think it unlikely that unless something drastic happens such as amputation, or there's an accident etc it is unlikely that DWP will accept a worsening condition that has recently occurred. That said, by the time you realise things have become worse, especially if this isn't a dramatic change, then you have obtained a new form, filled it out and returned it, then and possibly had another assessment this could easily be several months!
Remember that if you are already on enhanced daily living and/or mobility, no amount of worsening will give you any more benefit for either component. Likewise if you already score the maximum amounts under any one descriptor, or the maximum that you would ever get for your kind of disability, again you will not achieve further points, despite eg more pain, more lack of movement etc etc.(Thus is because PIP points can be awarded when you can not perform the activity for the majority of days, so if your previous status allowed better days, and now you just have bad days, more points cam not be awarded.)
However, if you don't have the enhanced or maybe even standard rate on either section then of course worsening disability such as less walking ability could provide more points and allow benefit or a higher award as appropriate, so it would be worthwhile applying to DWP, who will then review your whole claim. Whilst often agreeing that more points should be awarded, DWP may decide to award less. It is unlikely but does sometimes happen!
It is unlawful not to report an improvement in your health where this would result in a reduction in benefit.Clearly if you are no longer entitled to all or part of your previous PIP not only will you be overpaid, but likely to be investigated for fraud!
DWP ask for you to report worsening conditions, so that you can get more benefit if appropriate. Clearly you are not going to be committing fraud if you don't bother to claim a higher amount of benefit that you deserve!
I advise my personal clients not to inform DWP of worsening symptoms unless you want to claim more benefits. Clients have never come back to me saying this has been a problem. The only caveat is that if you go into hospital, or a care home this can affect your benefit after 28 days, so you must disclose this.
As I said earlier, without a drastic incident, conditions often become worse over time. You will find yourself thinking one day, oooh this is very difficult today, I used to be able to do this easily. Two or three days later you think the same and realise things have got worse, and then you will probably look back and conclude it could have been several months ago that you did the activity better but you just haven't realised!
Also bear in mind that some people will have flare ups. Initially you might suspect a flare up, and will genuinely believe things will settle down on a week or two. A month or so later, and things haven't settled you could probably rightfully conclude you have actually got worse and it isn't a flare up. It is of course difficult to know until time has passed!
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Faith, an ex nurse, Chlorinated
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- denby
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3 years 8 months ago #262195 by denby
Replied by denby on topic Is there a period of time for condition decrease?
Hi Chlorinated, as I understand it, the condition must have been the case for 3 months as well as be expected to last for a minimum further 9 months. Infamously this stopped Caroline Coster who lost BOTH hands and BOTH legs to post Covid sepsis getting PIP until 3 months after the quadruple amputation. Any search will turn up her story, a very brave lady.
best wishes,
Denby
best wishes,
Denby
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