Is there any chance of winning an appeal if your condition has improved?

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Your condition at the time of applying is apparently the only thing they take into consideration if you get worse, however I seriously doubt they stand by that if your condition improves, I'll be on new medication next month so I expect my condition will improve considerably. I'm hoping to get a hearing as soon as possible but from what I've read online I should expect to wait around 4 months. If I call to say my condition has improved I expect they will cancel the claim, however I should have been getting support for the last 5 months that I've been waiting for responses from them.

Any suggestions? Thanks.

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  • Posted

    Hi am I understanding that you are already on pip or that you made a claim and had to appeal it, if that's the case and you disability has improved and they have been informed of this then I would imagine your appeal will either be cancelled or heard and the decision to refuse benefit upheld.

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    • Posted

      No I am currently not receiving PIP, however I should be. I applied 5 months ago and a number of claims they have made about my condition are completely false and they claim that based on evidence I have provided I shouldn't get certain points, despite the evidence completely contradicting that. I am almost certain if I had my hearing today that I would be awarded the points. However I expect it will be another 4 months until I have it. I hope that my condition will begin to improve from next month when I start my new medication and within 4 months there is a good chance I won't deserve a single point. I want to know if there is any hope for me if my condition does improve despite that fact I have needed support for the last 5 months.

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    • Posted

      You claimed 5 months ago and you have had a decision that you had to appeal against because they turned you down and you are waiting for your appeal to be heard, is that correct.

      Can I ask for a bit more info, age and conditions you have and how long you had had t hem when you applied.

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    • Posted

      Age is irrelevant surely? My most major condition is severe psoriasis on my hands which prevents me from preparing food, dressing, eating (which I got 2 points each for) and washing and bathing (0 points).

      I have had this condition for 5 years and it has gradually worsened, I've tried many treatments, my last treatment was working but was bad for my liver, this new medication is more powerful so it should work and doesn't affect the liver.

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    • Posted

      Hi in some cases age is very relevant, you could have turned 16 or 64 both of these would have changed your rights to certain benefits as Denise will verify, if you have told them your condition will probably improve very soon that would alter the outcome.

      Also I'm not absolutely clear on this but if you do get care and then your condition improves to the point you are not entitled to it I would say its up to you to report that change of use and that would mean you would lose it then.

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  • Posted

    Hi,

    As the PIP criteria clearly states that you must have had the condition for at least 3 months, which you have BUT then it clearly states that it MUST last at least a further 9 months. In your post you say that you hope that within the next 4 months your condition will improve. If you add the previous 5 months onto that 4 months that gives 9 months. IF you're appeal date is after this then you would be entitled to continue because you would have had the condition for 9 months BUT if your condition has started to improve and you haven't had your Appeal then you should report those changes because as you said you doubt you would get any points. This is a very difficult one but if those changes do happy and your condition does improve in my oppinion you need to report them.

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  • Posted

    Hello czs17, my knowledge about the benefit system is very much out of date, however, am I right that you are asking for the points in respect of your health five months ago.

    I am sorry for butting in, but if I were you, I would not say a word about future treatment which may improve your condition.  How do you know that this treatment will suit you?  Take each day as it comes, I hope that the new treatment is successful for you, but there is no guarantee, I would have my assessment and not say a word about any future improvement, who knows you may have to start applying from the beginning.  Good luck

    Cutanea (Mary)

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    • Posted

      It's not an assessment it's a Tribunal Appeal and the date hasn't been given yet. If those changes do happen then czs17 should report them. It just takes 1 person to report for fraud, i'm not saying this will happen but it can. I would advice to let the Tribunal continue for now and see how your condition is once the treatment starts.

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  • Posted

    Just a thought do you claim ESA as well for this condition? If you do and your condition improves in the coming months then you should report these changes to them also, but it may flag it up anyway if you report the changes to PIP. Yes i know they're different benefits but it's possible.

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    • Posted

      No i'm on JSA, I was previously told that I would be moved onto ESA but then they said they wouldn't bother since it's the same thing with different requirements

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    • Posted

      You were adviced wrong. You can't be moved onto ESA, you have to apply for it and they're 2 totally different benefits. JSA is for those looking for work. You can give a fit note for JSA for maximum 13 weeks but you still have to look for those jobs, so it's pointless.  ESA is for those with a limited capability for work for which you need a DR's fit note to be able to claim this.

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    • Posted

      That is exactly what I was told by my previous job center adviser however my new one said that wasn't the case. I was very frustrated by the complete change of plan. They wouldn't listen to what I was telling them.

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    • Posted

      Hi czs17 this is what I was saying there are not listening to people same as ESA ther are not listening the Amount of people on here who has been for ESA and had to fight to get it is wrong
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    • Posted

      ESA is another benefit that people just don't understand. So many people think it's about what you can't do.....it's not, it's about what you can do! When a person has an assessment for ESA they will be assessed for ANY type of work. Being placed in the Support Group isn't about gaining those points it's about proving that either one of those "support Group" descriptors apply to you. Take myself for example. I can't walk 20m without it causing me extreme pain and discomfort. One of the support group descriptors is not being about to walk 50 metres or less without pain and discomfort. I also can't move or push myself accross from one seat to another (shuffle) this is another support group descriptor. It's all about understanding what it's about. Do your research is all i have to say.

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