Disability impact as at what date, when appealing a PIP decision ?

Logical thinking may be eluding me. Client invited to migrate to PIP:  claim made Feb 2016 . Medical and decision in June. so DLA ended July ( award was indefinite). She has a recycling condition of better and worse periods with ME and a host of other issues, so numerous problams mean a host of Regs apply.

I am appealing the decision post a no change MR. So for purposes of the appeal it is presumably how she was as at the date of claim, reg 24 PIP (Transitional Protection) Regs, this being the prescribed date, so not the date of assessment or the date of decision that is relevant for consideration of her level of disability and its impact [Where assessments and decisions are not done until long after “claims” are made, this becomes a difficult and a notional exercise.]

Is this right or have I missed something crucial? The date is particularly important of course for ensuring evidence (particularly medical) applies to the correct date.

And by way of correlation, in the case of an entirely new claim for PIP (no prior DLA) is the relevant date for determining a person’s condition the prescribed date ie date of claim, PIP Regs 12/13/14, regardless of the date of the medical or the decision.

Can anyone confirm, or otherwise put me right, that I am establishing how she was as at the date of claim, not the date of decision. Tribunals are still saying need to look at condition as at date of decision and I am now wondering why?

Sue

It’s down to the date of the decision (s8(2)(b) of The Social Security Act 1998).

Thanks for that…that’s what I had previously relied on, but then, when writing to a GP for evidence re PIP, became confused in trying to apply to PIP where so much more is defined: under the Regs you are required to look at how a person was at the date of claim (as defined) with the forwards backwards period applying from that date.

Surely the SSA can’t shift the forwards/backwards period such that the relevant 12 month period has to fit around the decision date, to 3 mths pre and 9 months post, regardless of the PIP definitions setting them round the claim date. What enables the change?

I am probably being obtuse, and playing devil’s advocate to myself, but I still can’t follow the thread. SSA s8 doesn’t cover this, it seems to me, but confuses the issue precisely because of the PIP definitions.

What do you think?

Sue

Ah,in responding to myself myself, with regards to a new claim, I have found the answer on the PIPinfo site on Rightsnet:

PR v Secretary of State [2015] UKUT 0584 (AAC)    CPIP/1984/2015

Rightsnet commentary notes .........tribunal wrong to concentrate on PIP eligibility at date of decision rather than during required period of 12 months..

Para 25
The required period is defined by regulation 7(3) where entitlement to PIP falls to be determined, the period of three months ending with the prescribed date together with, for present purposes, the period of 9 months beginning with the date after the prescribed date.  The prescribed date is defined by regulation 14 as it applies to the present case as the date of the claim or, if later, the earliest date in relation to which, if C had been assessed in relation to her ability to carry out daily living activities at every time in the previous 3 months it is likely that the Secretary of State would have determined at that time that she had limited ability or severely limited ability to carry out those activities
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So it definitely would not appear clearcut and tribunals need to look generally at the 12 month period around the date of claim not decision.

Any comments?

I think you are asking two distinct, albeit related questions.  In determining whether the claimant satisfies the daily living or mobility criteria then the tribunal can look at his level of function right up to the date of the decision under appeal.  However, you are right in that the date of the relevant period requirement runs back and forward from the date of claim.  However, the forward period condition, by defintion, concerns itself also with the period from the date of claim until the date of the decision and, of course, beyond.  These are broad matters of general judgement according to the evidence, on a case by case basis.