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How soon can you reapply for PIP?
Seems like a really simple question, but cannot find the answer. Client refused for PIP one month ago. Can I get him to reapply if I think he qualifies? Thanks a lot..
Yes. The decision is final only for the period of the claim. He could start his new claim one day after the date of decision if he wanted. Under section 17 SSA 98 findings of fact are not conclusive unless there’s express provision to the contrary. There is no such provision for PIP as far as I can see. So the 3 months backwards qualifying test and 9 months’ forward test determined by one decision maker to support a PIP refusal cannot bind a future DM hearing a new PIP claim. People used to think for DLA you had to wait 3 months following a refusal before you could re-apply. Not correct.
@Tom H
Thank you. I think I need to consider appealing his last decision, although his situation has changed significantly since then so this is very useful..