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DATES FOR AWARD INCORRECT - HELP PLEASE!
- justjules100
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2 years 2 months ago #274671 by justjules100
DATES FOR AWARD INCORRECT - HELP PLEASE! was created by justjules100
I applied for PIP May 10th 2022. This was due to being diagnosed with osteoporisis in my right hip.
On July 29th I had a near fatal fall down a flight of stairs - whereupon I broke 3 vertebrae / scapula / 6 ribs / punctured both lungs.....I thereafer had spinal surgery on 12th August.
I did the assessment for PIP by phone and have received standard rate from 12 November daily living needs and enhanced rate for mobility.
I do feel that should get enhanced for both firstly is it worth challenging?
But more to the point my letter states:-
To get PIP you must have needed help with your daily living or mobiiity needs for 3 months or more. As your needs started less than 3 moths before the date you claimed PIP I cannot award from 10 May to 11 November.....
Obviously therefore I am losing any claim from May - November...... 6 months at a loss of around £3k...
So if I didn't need help why would I put in a claim?
Was I physic and knew I would have an accident on 29th July!!!
Any suggestions as to how to move forward please
On July 29th I had a near fatal fall down a flight of stairs - whereupon I broke 3 vertebrae / scapula / 6 ribs / punctured both lungs.....I thereafer had spinal surgery on 12th August.
I did the assessment for PIP by phone and have received standard rate from 12 November daily living needs and enhanced rate for mobility.
I do feel that should get enhanced for both firstly is it worth challenging?
But more to the point my letter states:-
To get PIP you must have needed help with your daily living or mobiiity needs for 3 months or more. As your needs started less than 3 moths before the date you claimed PIP I cannot award from 10 May to 11 November.....
Obviously therefore I am losing any claim from May - November...... 6 months at a loss of around £3k...
So if I didn't need help why would I put in a claim?
Was I physic and knew I would have an accident on 29th July!!!
Any suggestions as to how to move forward please
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- BIS
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2 years 2 months ago #274689 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DATES FOR AWARD INCORRECT - HELP PLEASE!
Hi justjules100
You say that you applied for PIP on May 10th 2022 as you had been diagnosed with osteoporosis, but you don't say when you got the diagnosis. In order to qualify for PIP you need to have had the diagnosis for 3 months before your application and for it to be an issue for at least the following 9 months. So if you were diagnosed around May 10th - then that is why they won't count it.
I'm sorry about your fall, but the issues arose after you had put in your application, and they assess you on the information they had at that point. Even if you told them it's not three months since your fall, they won't count the deterioration, and they will assume you will get better from those injuries. I'm afraid this is the system, and all claimants are judged in the same way except for people with a terminal illness who are close to the end of their lives.
So you can do nothing about them ignoring this earlier period unless you were diagnosed by February 2022 - in which case you can challenge that decision.
Should you try and challenge the standard rate for care? I can't tell you that because I don't know your case, nor am I an assessor. If you haven't already - ring and ask for a copy of the assessor's report (PA4) so that you can find out the reasoning behind your award. If you want to challenge the report and your award, then you need to put in for a Mandatory Reconsideration within one month of the date on the decision letter. You can find information on how to do this in our guide.
BIS
You say that you applied for PIP on May 10th 2022 as you had been diagnosed with osteoporosis, but you don't say when you got the diagnosis. In order to qualify for PIP you need to have had the diagnosis for 3 months before your application and for it to be an issue for at least the following 9 months. So if you were diagnosed around May 10th - then that is why they won't count it.
I'm sorry about your fall, but the issues arose after you had put in your application, and they assess you on the information they had at that point. Even if you told them it's not three months since your fall, they won't count the deterioration, and they will assume you will get better from those injuries. I'm afraid this is the system, and all claimants are judged in the same way except for people with a terminal illness who are close to the end of their lives.
So you can do nothing about them ignoring this earlier period unless you were diagnosed by February 2022 - in which case you can challenge that decision.
Should you try and challenge the standard rate for care? I can't tell you that because I don't know your case, nor am I an assessor. If you haven't already - ring and ask for a copy of the assessor's report (PA4) so that you can find out the reasoning behind your award. If you want to challenge the report and your award, then you need to put in for a Mandatory Reconsideration within one month of the date on the decision letter. You can find information on how to do this in our guide.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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