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4 months 4 weeks ago #292728 by ST
PIP Renewal was created by ST
I am concerned about how to approach my PIP renewal. Over the last 12 years my condition has fluctuated. Within the year, within days within the month.

I have only had PIP the last 3 as I was actually neurologically too ill to go through the process prior to that.

I am now at a point where I extremely carefully manage my condition through treatment at home and with practioners. This enables me to be more functional. However as soon as I try and drop treatment away it begins to catch up on me and I deteriorate.

Having PIP allows me the money to do some of these treatments and also takes off some of the pressure to work. If I loose PIP because I state I'm more functional then I will deteriorate because i will have less access to treatment (financially and time). As it's not simply a case of a quick reapply when said deterioration happens.

Any experience of how do I approach this? Many thanks

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4 months 4 weeks ago #292731 by BIS
Replied by BIS on topic PIP Renewal
Hi ST

Unfortunately, the PIP process is quite a blunt instrument and it is always a challenge when a claimant has a fluctuating condition. However, the DWP are clear that if someone's condition has 'improved', a claimant should inform the DWP.

Now, only you know what 'more functional' means. If the added functionality you have doesn't actually impact greatly against the PIP criteria - then there isn't an issue. If, however, any added functionality means that you wouldn't meet the same criteria that you did - then it is an issue for both the DWP and possibly, as you have already said, for you.

I understand completely what you're saying about what will happen if you lose your PIP, but they judge you on how you are for the majority of the time at the time they assess you - not what could happen in the future.

Assessors always ask whether a claimant meets the PIP criteria. The challenge for claimants is how to tell the truth, which we are legally obliged to do, without saying anything that can be misconstrued. You're the expert in your condition and how it affects you. There is no magic formula for getting this right.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 months 3 weeks ago #292749 by ST
Replied by ST on topic PIP Renewal
Thanks BIS.
Such a tricky one. As soon as I religiously stop treatment I drop to below my actual PIP award is (they didn't give me enhanced on living). With treatment it is questionable where I lie.
If my PIP award drops I for sure deteriorate. I wondered if the 9 months in the future perspective I can suggest what I think it will be if I don't have treatment.

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4 months 3 weeks ago #292768 by BIS
Replied by BIS on topic PIP Renewal
HI ST

As you say, it's a tricky one. There's nothing wrong in saying that the treatment you follow is a key part of your ongoing treatment, but if the implication is that you can now do more - unless you get a fantastic assessor - they will assume you are 'better'. You say that it is questionable where you lie, and I think much is going to rely on the language you use when describing any functional changes. If they are not consistent, you should emphasize that. The fact that you may 'manage' isn't necessarily good enough or what could be described as equal to someone who doesn't have the condition.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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