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PIP: Improvement in condition while awaiting tribunal

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1 year 9 months ago #271725 by Saracen
My relative has a variable condition (ME/Chronic Fatigue) which had been very bad for several years.

They applied for PIP in August 2021 and were turned down, which I'm completely confident was the wrong decision. We appealed in early April 2022 and are now awaiting a tribunal date.

Two months ago, in mid-April 2022, their condition improved significantly following a change in medication. They aren't well, but it's much less severe. We're optimistic this isn't temporary, but there's no guarantee of that. So I figure we have to submit updated information to the court in advance of the hearing, but I'm puzzled what to tell them and when.

We almost need a complete re-assessment from scratch, since everything we wrote on the application form and everything my relative told the assessor in the phone interview is now obsolete.

The trouble is, not enough time has passed yet for us to figure out what the "new normal" is. First of all, they're still being very cautious not to overdo it because in the past that would often trigger a bad "crash" with symptoms lasting for weeks - so they haven't pushed their limits. Second, this isn't a typical time of year. They're a part-time student, and everything is easier now, out of term time. Finally their partner, who usually lives abroad, is staying with them for several months and he has taken on much of the housework, shopping etc.

We plan to proceed with the appeal because even if it turns out they are now well enough not to qualify for PIP, they should have received it for the period August-April, when they were extremely ill and incurred significant debt as a result.

Is there any way to get a rough idea how long we'll be waiting for a court date? If we knew it was going to be a long time, we'd wait and get a better idea what their condition is like. But if we don't send in an update promptly, the claim might appear to be fraudulent.

What would you recommend?

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1 year 9 months ago #271742 by LL26
Hi saracen,
How long will the date fir the hearing be? Honestly I have no idea It depends on your area. Hearings are still being held remotely by phone or video in many areas following Covid.
I have had appeals listed about 6 weeks after receipt of the appeal papers, which normally are sent out within 4 weeks if when you lodge the appeal. However some cases have taken much longer to get listed.
I don't think you need to send in further evidence explaining an improvement. It is something you could explain at a hearing if it was relevant. Nevertheless I would like you to consider a few points.
Walking ability. Previously your walking ability taking into scouts safety, reasonable time, acceptable standard and repetition is 60m. You tick the box I can walk 50 to 200 m giving you 4 points. Your condition improves you can walk twice as far. 120m. Question, has your PIP score changed, despite the apparent doubled walking ability?
Answer is no. You haven't changed PIP ability at all.
How about this. You are exceedingly slow getting into the bath. You need your partner to help you in or out because you have balance issues and need help to avoid falls. You also need help to wash your lower body due to bending problems.
You should get 3 pts as although you can't wash lower body, this is worth 2 points.The law stipulates only one points value per descriptor set, and the highest value should be awarded if 2 or more applies equally.
Now you no longer need help to wash lower body as medication or surgery has improved flexibility. However you still need help to get in ir out if the bath safely. Your health has improved but you are still entitled to 3 points.
I think you will see from the illustrations above health improvements may not necessarily comprise less points, but they may well.
Firstly consider the health improvements for your relative, do these actually mean less points. Secondly, as you have mentioned is this a temporary improvement? How do you know? Very difficult question! I guess it doesn't matter if Pip points don't change. If say 6 months later your relative stays better, then this could be an improvement. If so and points are reduced, and don't reach an award level your relative could still qualify for a closed award eg from claim until when you realised their really was an improvement. Bear in mind not everything will necessarily improve at the same time.
Consider the appropriate nefire and after points. Make sure that you do not negate a valid award by arguing an improvement has actually happened and or actually affects PIP.
Of course your relative will need to answer questions honestly at tribunal, but there is a big difference in saying ' I still need help to enter the bath, because although my balance has improved I can still fall...' as opposed to ' my health has improved.
Much thinking required methinks!
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 9 months ago #271746 by Saracen
Thank you very much! Yes, what you have said all makes sense. Thanks for confirming that a closed award is possible. That is what I guessed, so we should definitely proceed with the appeal.
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1 year 4 months ago #275012 by Kylie
Can I ask what medication helped their CFS/ME?

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