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Any advice greatfully accepted on PIP
- mishyclaire1
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10 years 8 months ago #124928 by mishyclaire1
Any advice greatfully accepted on PIP was created by mishyclaire1
Hello
Was wondering if anyone could advise me please.After 13 months waiting(and only getting seen after complaining), i received the standard care award for PIP.Which is great.However , i was awarded nothing for mobility.I take 7 different painkiller medications daily, including morphine.I am in constant pain, i walk with a stick, i cannot use public transport , and even being a passenger in a car jolts my spine.Which is why i had a home assessment.After 15 years, i am now on the waiting list to have a spinal fusion, in an attempt to reduce some of my pain and medicines and pain.There is no guarantees that this op will even work at all.which DWP are aware of.I have been left drastically incontinent by spinal nerve damage which is even worse when i walk.The post op recovery is 1 year also , and extremely difficult.The reason i need care , and (and have been awarded it), is because i am so immobile.I am completely fed up and my mobility gets worse every day. Any suggestions, greatly appreciated.
Was wondering if anyone could advise me please.After 13 months waiting(and only getting seen after complaining), i received the standard care award for PIP.Which is great.However , i was awarded nothing for mobility.I take 7 different painkiller medications daily, including morphine.I am in constant pain, i walk with a stick, i cannot use public transport , and even being a passenger in a car jolts my spine.Which is why i had a home assessment.After 15 years, i am now on the waiting list to have a spinal fusion, in an attempt to reduce some of my pain and medicines and pain.There is no guarantees that this op will even work at all.which DWP are aware of.I have been left drastically incontinent by spinal nerve damage which is even worse when i walk.The post op recovery is 1 year also , and extremely difficult.The reason i need care , and (and have been awarded it), is because i am so immobile.I am completely fed up and my mobility gets worse every day. Any suggestions, greatly appreciated.
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- Gordon
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10 years 8 months ago #124929 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Any advice greatfully accepted on PIP
mishyclaire
The first thing you need to consider is how safe your Care award is as an appeal against the Mobility Decision can be extended to include this component as well and whilst it is unlikely that it would be remover it is still a possibility.
The DWP should only assess your capability to walk when you can so reliably, this covers four areas
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
In particular, Safely takes considers your ability to perform an activity when you experience pain, unfortunately, PIP has no legal definition of the level of pain that a person has to be in before there doing the activity can be excluded, although the DWP Assessment guide does make reference to "severe discomfort such as breathlessness, pain or fatigue"
If you decide to challenge the lack of a Mobility award then you will first need to request a Mandatory Reconsideration, our PIP MR & Appeal guide explains how to do this, it also explains how to request the assessment report which will give you a better understanding of how the DM cam to their conclusion.
I would also have a look at the PIP Assessment guide in the PIP section, this has some worked examples for assessors on how to make a recommendation on how far a claimant can walk.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any questions on the above then please reply to this post and we will do our best to help.
Gordon
The first thing you need to consider is how safe your Care award is as an appeal against the Mobility Decision can be extended to include this component as well and whilst it is unlikely that it would be remover it is still a possibility.
The DWP should only assess your capability to walk when you can so reliably, this covers four areas
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
In particular, Safely takes considers your ability to perform an activity when you experience pain, unfortunately, PIP has no legal definition of the level of pain that a person has to be in before there doing the activity can be excluded, although the DWP Assessment guide does make reference to "severe discomfort such as breathlessness, pain or fatigue"
If you decide to challenge the lack of a Mobility award then you will first need to request a Mandatory Reconsideration, our PIP MR & Appeal guide explains how to do this, it also explains how to request the assessment report which will give you a better understanding of how the DM cam to their conclusion.
I would also have a look at the PIP Assessment guide in the PIP section, this has some worked examples for assessors on how to make a recommendation on how far a claimant can walk.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any questions on the above then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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