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PIP (9 month required period)

mand74
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Royal Air Force Benevolent Fund

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Total Posts: 33

Joined: 2 November 2011

Hi

Just double checking if I am not missing anything here really.  I have a client who has historic health conditions but most recently has had a severe bout of sciatica which has immobilised her for longer than originally expected but has no prognosis of how much longer the condition will impact her.  She has currently been suffering for 20 weeks.

Looking at the PIP criteria I am just concerned about her meeting the 9 month requirement and reading some case law DO v Secretary of State for Work and Pensions (PIP): [2017] UKUT 115 (AAC).  I think she would struggle on this

Has anyone had an issue where they cannot be clear about the forward required period.?  Should she apply if she can get medical evidence? What if she were to apply and then recover would this create an overpayment so should wait? Just wondering if anyone has had this, its not covid related but I am guessing there may have been similar queries about long covid symptoms too I just haven’t had one that is not clear on a prognosis, so apologies if a daft question.

Thanks for any pointers as always.
Amanda

Elliot Kent
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Shelter

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If she applies today then by the time she is assessed, it will have probably been about a year since the onset and the prognosis will be clearer.

It is up to her what she does, but your advice needs to reflect that if she claims and the condition clears up, then she can withdraw the claim and will not be any worse off aside from the inconvenience of the assessment process - however if she doesn’t claim and it turns out that this is going to be a long term impairment then there is no way for her to backdate a claim for PIP and she will have missed out on whatever potential entitlement she could have had if she claimed today.

mand74
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Royal Air Force Benevolent Fund

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Total Posts: 33

Joined: 2 November 2011

Thank you and great point about the length of time the process will take anyway hadn’t really thought that all the way through, Friday brain fried stuff so appreciate that.