I am worried about being reassessed for PIP from indefinite mobility component of DLA

Hi Anthony,

Thanks for taking the time to reply to my post.

In 2006 I had a fall from hight which resulted in my left patella being quartered and a broken left femur at the ball joint. I had a hip replacement and wire banding surgery to my knee which got infected and I ended up in ICU in an induced coma with septacemia. I left hospital after 4 months using a pioneering vacuum pack system to encourage skin growth to the surrounding skin around my knee (the hospital thought this would be better than a skin graft). I am now left in a position where I cannot have a much needed knee replacement because the scar tissue on my knee is too thin to cut open and stitch back together following surgery. I have complete muscle wastage in my left leg due to limping which means the leg is half the size of my right leg and no ligament or cartlage around the knee. All of this now causes severe pain with every step that I take. I lost my job as a result of the accident and over the years, I used the DLA money to get a motability car which enabled me to re-train and volunteer for a support service for the homeless. I am now in a paid role but without the car I would not have been in a position to do any of the above.

I will probably turn violent if I don't qualify for PIP then I should get it upon appeal...

Kind regards

John 

I do feel for you as I know what it is like living with pain 24/7 I cannot see how they could justify not giving you PIP ?? You have so much evidence to say you are genuine. Best of luck, we all need it.

 

Thanks Christine

Hi John

Thanks for the extra information. Reading your discription of your condition was painful never mind actually suffering with it.

At the time of reassessment you will have to fully explain your condition, why you can't walk more than 20 metres and what arrangements you have for mobility eg wheelchair etc.

Unfortunately the reason why you need a car does not have a sigificant role as it used to under DLA rules. However, mention it but be aware it is of low priority to the DWP decision maker.

Hi Andrew,

Thanks again for you reply, I really do appreciate your advice.

So, from what I can gather, I need to explain on my application for PIP how my disability affects my day to day living, for example; I should stress how I cannot stand for any period of time to cook and prepare a simple meal for one due to the fact that I use 2 crutches and how this prevents me from being able to weight bare and safely carry hot food.

I cannot walk to the bus stop then to my place of work repetedly on a daily basis because of the distance causing severe pain.

I think I'm on a hiding to nowhere as they will judge that because I work, I should be able to pay for a taxi to work or buy a car.

Very worried.

Kind regards

John

John, you must tell them how you feel day to day. I told them that I cannot walk more than 20 yards which is true and backed by a letter from my doctor. I told them I cannot make a meal for myself, lift pans or anything out of the oven, I cannot stand by the sink to wash up as within a few minutes I get excruciating pain in my back and shoulders. I told them I cannot bathe or dress on my own and I told them that without my car I would be housebound because I cannot use public transport. All these things must be told to them, because these are the things that when you are in such terrible pain you cannot do. Even though I have all the medical records in the world and letters from my doctors I still had to have a face to face meeting. Really I did not mind because Iknow how bad I am and just told them the truth. God knows how I will feel if I learn I have been refused when they get back in touch with me?? Deeply let down I should imagine.

Hi Christine

I have a lot of knowledge of PIP & ESA claims due to supporting people at work. On the whole, most people are successful and even more so upon appeal where they have to sit in front of a panel at a tribunal. This is still no comfort when making my own claim however.

From your description of how your disability affects you, I feel you have a very good chance of being successful. More so on the daily living component.

I wish you well and again from experience I know that you should have an outcome to your claim within a few weeks.

Regards

John

Thanks John for some encouraging words and giving us some hope, i wonder though why our poor grand daughter didnt get it with M.S.

Sue 

Hi John

 From your reply to Christine and above you seem to have the idea of how to complete the PIP form.

 The assessor may well want to know how you cope in work and you should explain as they don’t like inconsistencies. If you use your crutches to get around in work but it is impossible to move further than 20 metres using those aids say why by giving an explanation. You won't be automatically debarred because you work as PIP is an in work benefit.

To be honest they are not usually interested how far away bus stops are and there is no provision for that in the descriptors. They (the descriptors) simply deal with how far you can physically move or propel yourself and how your mental health affects you when visiting familiar or unfamiliar places.

The golden rule is to link your condition to the descriptors and score points. Points as they say make prizes.

 That is the system

Hi Susan

If you read the A - Z Which Les pointed to you will discover that most conditions are sub divided into Mild Moderate or Severe. Usually Mild and Moderate don't attach any likely care or mobility components but Severe nearly always does.

 This possibly explains why claimants with the same condition such as MS receive benefit whilst others don't.

 As explained to John it all comes down to scoring points on the descriptors and how convincing and consistent your evidence is.

If you go online there is a leaflet that you can print off showing what points there are for each question. I was told to fill this form in as I saw my disabilities affecting me and then compare it to the ones they give you, once you get their decision and the results. A friend did this and was amazed at how low she was scored on things she just could not possibly do. She went to appeal and won but it took her a long time, she was backpaid though.

It does normally, but for the problems that I have that created care needs it just says:

 Decision Makers are advised to discuss with the Departments Medical Services provider if necessary

That wouldn't be of any help for me or the DWP - it would just get referred back to ATOS for their opinion?? Hangman and Judge come to mind!

She went to appeal and won but it took her a long time, she was backpaid though..... Not much confidence in the system then especially if you are 67+ and have to go through that palava every few years for the rest of your life?

She said she has been awarded it for 5 years, so that's not to bad Les. My philosophy is if I live another 12/13/14 years then I only have two more assessments to go to. I can live with that. Hopefully the system might change for the better by then, even if it only helps those younger than us, it definitely needs to change !!

 

Based on that you would be 70 'ish. Are you seriously saying that you could cope with re-assessments, MR's, appeals and Tribunal attendances at say 75, 80 and 85 at least?.My goodness you must be a very strong minded person.

Those with a fixed term award can be assessed at any time the DWP feel fit. For a 5 year award you will be re-assessed at the latest 4 years from when the PIP award started.

The system will not change in my opinion. It can't. The only time it could is if another Labour government get into power (hopefully not) But then how would they balance the books if they decided to take the Welfare Budget back up to where it was 5 years ago - They would either have to raise taxes or borrow money that the country hasn't got and can't afford.

Who in their right mind would vote for either of those two options?

No we are on a road where there is no turning back to a high welfare budget.

No Les I am 67 but I dont think I will make ''old bones'' yes I have a strong personality because the alternative isn't worth thinking about, nails and coffin come to mind. Remember I have only had to have one assessment and I dont know the outcome yet as I was transfering from DLA to PIP. Ask me in another 5 years and I may tell a different tale but at the moment my strong mind and will are about the healthiest parts of my body and by god I will make sure I get some use out of them because the rest of my body is knackered, excuse the language. I will always stand up for what is right whether it be for myself or for someone else. Take after my father god bless him, he took up many peoples causes who couldn't fight their corner and won and he lived in unbelievable pain all his life but the stubborn old bugger was to proud to ask for a penny. Never claimed a farthing all his life, worked like superman and fought for his country. 26 years in the Royal Navy and a man to be proud of, so I would not let his memory down Les if I thought I was being wronged, go down fighting is the family motto.