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PiP Tribunal decision
- Chris
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11 months 3 days ago #285795 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic PiP Tribunal decision
Hi Gordon,
It was what I meant - sorry if I wasn't clear, I haven't been well the past couple of weeks, so just trying to catch up with any that I could, so people didn't think I'd disappeared. I may be on and off again over the next couple of weeks as I have blood tests, X-ray and another check up I have to get done.
Thank you again for helping with a more in depth response.
Regards, Chris.
It was what I meant - sorry if I wasn't clear, I haven't been well the past couple of weeks, so just trying to catch up with any that I could, so people didn't think I'd disappeared. I may be on and off again over the next couple of weeks as I have blood tests, X-ray and another check up I have to get done.
Thank you again for helping with a more in depth response.
Regards, Chris.
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- Kurt
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11 months 21 hours ago #285865 by Kurt
Replied by Kurt on topic PiP Tribunal decision
Thank you very much, Gordon. Exactly if in appeal I believe you adjourn the court the judge who will have to rule on your case under examination, you would put the judge in a position to award you the correct award, I hope this reflection makes sense, thank you for the advice and your time, are highly appreciated.
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- UB40 Rumrunner
10 months 3 weeks ago #286213 by UB40 Rumrunner
Replied by UB40 Rumrunner on topic PiP Tribunal decision
Hi Gary,
What happens if a claimants condition has got slightly worse and as such is being prescribed medication of which they are not taking due to other complications. Do they inform the DWP only when they begin the correct medication, finally suitable for them, or have to inform when the first batch was prescribed?
My conditions are complex and very changeable so using my own logic, i am basing my line of thought on only inform of changes which are seen as highly significant. Although i have read other cases where people have been downgraded etc, when they didn't inform of ANY change ?
Surely that when reassessment time rolls around and claimants then produce additional evidence showing that a condition did change and warrant further medication they will be asking then why claimant did not inform 18 month ago ? Thats whats really worrying me. It seems doesn't matter what a claimant does their be penalised either way.
What happens if a claimants condition has got slightly worse and as such is being prescribed medication of which they are not taking due to other complications. Do they inform the DWP only when they begin the correct medication, finally suitable for them, or have to inform when the first batch was prescribed?
My conditions are complex and very changeable so using my own logic, i am basing my line of thought on only inform of changes which are seen as highly significant. Although i have read other cases where people have been downgraded etc, when they didn't inform of ANY change ?
Surely that when reassessment time rolls around and claimants then produce additional evidence showing that a condition did change and warrant further medication they will be asking then why claimant did not inform 18 month ago ? Thats whats really worrying me. It seems doesn't matter what a claimant does their be penalised either way.
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- Gary
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10 months 3 weeks ago #286230 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PiP Tribunal decision
Hi UB40 Rumrunner
When applying for PIP you have to have a condition for 3 months before you claim and that the condition will be on going for 9 months or more. The same applies for when you have a new condition, you have to have the condition for 3 months for at lest 3 months. If your condition improves over 3 months then you need to report it as a change of circumstances.
If your condition deteriorates over 3 months and it is ongoing then report it, we would warn you that not all deteriorating conditions will move you from standard to enhanced you have to look at the criteria, if it does entitle you to the enhanced component then it will be awarded from when you reported a change in circumstances.
As Gordon has rightly pointed out, when you report a change in circumstances , for better or worse, it will trigger a new assessment.
Gary
When applying for PIP you have to have a condition for 3 months before you claim and that the condition will be on going for 9 months or more. The same applies for when you have a new condition, you have to have the condition for 3 months for at lest 3 months. If your condition improves over 3 months then you need to report it as a change of circumstances.
If your condition deteriorates over 3 months and it is ongoing then report it, we would warn you that not all deteriorating conditions will move you from standard to enhanced you have to look at the criteria, if it does entitle you to the enhanced component then it will be awarded from when you reported a change in circumstances.
As Gordon has rightly pointed out, when you report a change in circumstances , for better or worse, it will trigger a new assessment.
Gary
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- UB40 Rumrunner
10 months 2 weeks ago #286269 by UB40 Rumrunner
Replied by UB40 Rumrunner on topic PiP Tribunal decision
Thanks Gary, that gives me a far better understanding if i have to move forward at a later date to inform them of any changes.
Having multiple conditions is a challenge in itself, but made worse by this system. Afraid of being hung out to dry so to speak, as all the online advice says you must report any change straightaway. With me, i'd be calling them daily. As every thing fluctuates.
Thanks again for your help
Having multiple conditions is a challenge in itself, but made worse by this system. Afraid of being hung out to dry so to speak, as all the online advice says you must report any change straightaway. With me, i'd be calling them daily. As every thing fluctuates.
Thanks again for your help
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