I've had my assessment. How long will I have to wait? Will they go off the assessor's report?

Alex260617

Happy Monday everyone, I'm new to this forum but have been reading the discussions etc and wondering if anyone can put my mind at ease a little bit. 

I tried to apply for PIP last August 2021 but was in a mental health ward at the time from July - October, I came out then and was OK but under care and went back to work but in March 2022 I had a breakdown again and ended up back to square one, I filled out the forms for pip on the 20/04/2022 and had my phone assesment on the 08/07/2022 and a text that day to day report and evidence received under review, I've just received another text today saying still no decision made. 

I have had a copy of my assesment and looking at the forms received I got 15 points for daily living and 12 for mobility due to my mental health and that I'm a danger to myself due to alcohol consumption. 

How long more will I have to wait now? Will they go off the health care assessment or is this likely to change, thee report is pretty detailed and I have support from a friend with my day to day living etc and have provided evidence of my hospital admission, what medication I take, my detox I did etc they have also said on the form that I need a review in 2 years any help appreciated it's making me anxious this whole waiting time 

calcotti

They usually follow the assessment report The decision can take up to 12 weeks after the assessment.

Alex260617

Will I be back dated from when I first called and requested the form or from when I actually returned and filled out the form? 

poppy123456

PIP stops when in hospital for more than 28 days. When it's paid from will be decided by a decision maker because you were late returning the forms.

calcotti

It’s four months after you reported your first Fit Note.

Alex260617

Ok thanks, hopefully not too far off. Thanks for your help. I wasn't sure if the health care report may be changed by the DWP as she put recommendations and reasons on why certain descriptors should be scored at the rating she put 

janer1967

@calcotti I think this is just a pip claim so fit note is required or.3 month waiting period 

However the condition must have been present for 3 months to be entitled 

Alex260617

It says for functional restriction affecting mobility and daily living activities identified in this report are likely to have been present for at least 3 months and likely to remain for at least 9 months for both parts 

poppy123456

calcotti said:

It’s four months after you reported your first Fit Note.

It's a PIP claim and not a WCA.

Sue_Alumni

Good morning @Awiddup13 and welcome to the on line community.

Can I just check with you that my understanding of your situation is correct? You first applied for PIP in August 2021 when you were already in hospital. I’m assuming that you received a negative determination because you didn’t return the form. You were out of hospital from October 2021 to March 2022.  Did you go back into hospital in March 2022 and are you back at home now or are you still in hospital?  I’m also assuming that you were in a NHS hospital and are not a private patient.

As poppy says PIP can be paid for the first 28 days of a hospital stay.  After that your PIP will stop but you may have an underlying entitlement and you can claim for the days you were at home. You have no entitlement to PIP currently as you failed to return the PIP form back in August.

When you go into hospital UC is normally paid without being reduced.

It is likely, but not a given, that the DWP will follow the assessor’s recommendations.  I think you should consider asking for a mandatory reconsideration of the DWP’s decision that you were not entitled to PIP in August 2021.  You will need to explain why you were unable to return the form and why you are entitled to PIP.  You should also explain that your grounds for entitlement are supported by the findings of the health assessor. 

The normal rule is that a request for a mandatory reconsideration must be made within 1 month of the DWP’s decision letter.  There is a long stop date of 13 months, but you must explain why you are making a late request. You will need to explain why you didn’t challenge the August/September 2021 decision. Was this because you were ill in hospital, for example? You will also need to explain why you didn’t challenge the decision when you came out of hospital in October 2021 – perhaps you weren’t aware that you could? You still have time to make a late request for a mandatory reconsideration but you must act promptly as the 13 month time limit is a strict one. You have several hurdles to overcome but if successful you could get PIP for the first 28 days of your claim and also the period from October 2021 to March 2022 for periods when you were at home. Your claim would be for a closed period from August 2021 to April 2022 (the date of your new claim) and would take into account the periods you had been in hospital.

Calcotti and poppy have already explained that even though you have received the assessor's recommendations you may have to wait several more weeks before you receive the DWP decision letter. 

If you need help with the mandatory reconsideration I would suggest contacting your local citizens advice or Advice Local

Alex260617

Hi @Sue_Scope I only made a call in August I didn't physically apply because I was in hospital already for a period of 28 days, I haven't been back to hospital since I was discharged in October but had a break down again in March 2022 where I was made homeless and made to live in temporary accomodation. It's only since a social worker and people got involved has the application been done if that makes sense. I think I will only get it if successful from 20/04/22 to when I get the outcome is that correct? Thanks for your help  

poppy123456

Awiddup13 said:

 I think I will only get it if successful from 20/04/22 to when I get the outcome is that correct? Thanks for your help  

Only a decision maker can decide when it's paid from, if you're successfully awarded.

Sue_Alumni

Hi @Awiddup13 you weren't to know but you can make a claim when you're in hospital but as you were already there for more than 28 days you wouldn't have been entitled to any payment until you left hospital. 

Were you sent the forms and did you get a letter back from the DWP.  If so you should appeal that letter in the manner I've suggested.  Its a bit complicated but you can appeal the DWP's decision that you're not entitled to PIP because you didn't return the PIP form in addition to your current claim. 

The decision maker will only decide about your existing claim.  In order to get a decision about whether you have any entitlement to PIP for the period October 2021 to March 2022 you need to challenge the DWP's decision that you did not have a good reason for not returning the PIP form.

Alex260617

@Sue_Scope thanks, once I get the decision for the claim I currently have going in which the assesor report scored 15 & 12 but like people said this could change, I will challenge the period October until March once I get an outcome on the first bit. I never returned forms because my life was chaotic and I never got any support until things went pear shaped again for me

Sue_Alumni

OK  I misread your previous post. I think its unlikely you will be successful challenging a DWP decision  relating to the August 2021 claim if you have never returned the form.  I'm going to look into the rules about this but can't think that you can do this - but want to double check. In the meantime good luck and I hope you get a good decision in respect of your most recent claim. 

Alex260617

Thanks @Sue_Scope I'd be happy with just being accepted but anything can happen, I scored on assesor report 15 and 12 but not getting my hopes up

calcotti

Sue_Scope said:

Hi @Awiddup13 you weren't to know but you can make a claim when you're in hospital but as you were already there for more than 28 days you wouldn't have been entitled to any payment until you left hospital. 

That’s misleading. If a claim is made while in hospital there is no entitlement until discharged regardless of how long the hospital stay is. Still worth, if able, starting a claim just to start the process.

calcotti

poppy123456 said:

calcotti said:

It’s four months after you reported your first Fit Note

It's a PIP claim and not a WCA.

Apologies for muddling it.

Alex260617

Can the dvla text at any point during the day or is it normally just the morning. 

Alex260617

Sorry dwp

poppy123456

Yes anytime, if awarded. Decisions can take anything up to 12 weeks so you could be waiting a while yet. Try and focus on something else, while you wait.