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PIP - What is the best way forward in these circumstances
- yellow1881
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2 days 6 hours ago #314979 by yellow1881
PIP - What is the best way forward in these circumstances was created by yellow1881
Hi, Just came across this highly recommend platform as I'm stuck with figuring my best way forward.
I was in a non fault car accident last November and it has left me with permanent problems, here's a breakdown of where I'm at-
January 26 PIP application, April 26 telephone assessment, June 26 awarded standard daily living, July 26 MR resulting in standard DL & standard Mob.
Based on the info I've provided them, I meet all the criteria for Enhanced DL & Mob. I even requested the assessment call to be recorded and have a copy.
Since I applied I have been diagnosed with functional neurological disorder FND
What would be better- declare a change of circumstances with my new diagnosis or go for a tribunal? As far as I can see a tribunal may take years but I'm unsure how long a re-assessment would take. My condition has worsened since the first time I applied in January but I did mention that during my telephone assessment.
Any advice would be fantastic as I'm finding it all quite overwhelming as I'm sure a lot of people do!
I was in a non fault car accident last November and it has left me with permanent problems, here's a breakdown of where I'm at-
January 26 PIP application, April 26 telephone assessment, June 26 awarded standard daily living, July 26 MR resulting in standard DL & standard Mob.
Based on the info I've provided them, I meet all the criteria for Enhanced DL & Mob. I even requested the assessment call to be recorded and have a copy.
Since I applied I have been diagnosed with functional neurological disorder FND
What would be better- declare a change of circumstances with my new diagnosis or go for a tribunal? As far as I can see a tribunal may take years but I'm unsure how long a re-assessment would take. My condition has worsened since the first time I applied in January but I did mention that during my telephone assessment.
Any advice would be fantastic as I'm finding it all quite overwhelming as I'm sure a lot of people do!
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- BIS
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1 hour 8 minutes ago #315014 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP - What is the best way forward in these circumstances
Hi yellow1881
Welcome to the forum.
Tribunals generally take 'years', but you could be waiting up to a year or slightly longer. It is not really the length of time that you might have to wait for the tribunal to take place that is most important; it is that the Tribunal Panel can only consider your condition at the time your assessment took place. They will not be able to consider your FND. I know you said that you mentioned at the assessment that your condition had deteriorated, and if you didn't have the chance to say much, there may not be enough for them to draw upon to come to the conclusion that the assessor should have awarded you more.
In my view, you may be better to put in for a change of circumstances, and then you can include your new diagnosis. Make sure that you make it clear that the symptoms were already in place before the formal diagnosis was made - which is why you mentioned that your condition was deteriorating when you were assessed. You then are able to tell them in detail how things have worsened. The advantage of a change of circumstances is that if you win, they will backdate it to the day you inform them - so even if it takes months for them to sort it out (it is unlikely to be as long as a Tribunal).
If, however, you feel strongly that you should have been awarded enhanced at an earlier stage - eg from your assessment - you can choose to fight the appeal - obviously with the caveat that the Tribunal panel cannot consider any deterioration in your condition or any new conditions.
When you request a change of circumstances, it will trigger a review, and you will be sent a review form and reassessed. You can always request that they make a paper-based decision, but they do not have to agree. If you want to do that, do it when you send back the review form.
Come back if you have any further queries and we will try to help.
BIS
BIS
Welcome to the forum.
Tribunals generally take 'years', but you could be waiting up to a year or slightly longer. It is not really the length of time that you might have to wait for the tribunal to take place that is most important; it is that the Tribunal Panel can only consider your condition at the time your assessment took place. They will not be able to consider your FND. I know you said that you mentioned at the assessment that your condition had deteriorated, and if you didn't have the chance to say much, there may not be enough for them to draw upon to come to the conclusion that the assessor should have awarded you more.
In my view, you may be better to put in for a change of circumstances, and then you can include your new diagnosis. Make sure that you make it clear that the symptoms were already in place before the formal diagnosis was made - which is why you mentioned that your condition was deteriorating when you were assessed. You then are able to tell them in detail how things have worsened. The advantage of a change of circumstances is that if you win, they will backdate it to the day you inform them - so even if it takes months for them to sort it out (it is unlikely to be as long as a Tribunal).
If, however, you feel strongly that you should have been awarded enhanced at an earlier stage - eg from your assessment - you can choose to fight the appeal - obviously with the caveat that the Tribunal panel cannot consider any deterioration in your condition or any new conditions.
When you request a change of circumstances, it will trigger a review, and you will be sent a review form and reassessed. You can always request that they make a paper-based decision, but they do not have to agree. If you want to do that, do it when you send back the review form.
Come back if you have any further queries and we will try to help.
BIS
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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