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PIP at 64 5 years 8 months ago #135771

  • Green
Hi Gordon. Your comment re double leg amputees interests me. I can't help but wonder how the term 'prosthesis' works for the DWP/Atos. Your double amputee referenced above will no doubt have 2 prosthesis, which to all intent and purposes are classed as "appliances" I believe, fitted externally. My quandary is that I have a prosthesis but my prosthesis is a replacement ankle joint, therefore internal. Nevertheless it is classed as a prosthesis by my consultant. I am awaiting the result of my PIP assessment and quite looking forward to finding out whether they accept me as being classed as a single use prosthesis person and grant me 6 points automatically... Am I dreaming?

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PIP at 64 5 years 8 months ago #135782

Green

The reference to double amputees was because PIP requires a claimant to place one biological foot on the ground for them to be considered able to walk, so I doubt this is relevant to your situation.

Aids and appliances are things that enable a claimant to do something that otherwise they could not, so for example a walking frame would be an aid that might help some walk with balance problems.

At the heart of any consideration of Aids and Appliances is the claimants ability to perform an activity without their usage and with, you can certainly argue that you are only able to walk because your ankle has been replaced but whether this will be accepted will only become clear once a Decision has been made.

Also, you can only score points because the distance you can walk is limited, the use of Aids is a secondary consideration, It is not clear from your previous posts whether this is the case or not, although I note that you say that you are always in pain. You walking and indeed any other activity must be done Reliably, this means.

• 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.

Your last post indicated that an assessment had been booked, has this happened and have you had a Decision yet?

Gordon

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PIP at 64 5 years 8 months ago #135819

  • Green
Hello Gordon

You recently replied to a post as follows: .. the claim needs to be based on a fundamental qualification for PIP, for example a double leg amputee would automatically qualify for Enhanced Mobility.

My question is if a double amputee automatically qualifies for 12 points (presumably using two external prosthesis/wheelchair) for mobility does a person with one internal prosthesis (in my case an ankle replacement joint) automatically receive 6 points in mobility?

Having just been turned down for PIP based on 7 points on Care (with no mention made regarding my severe hearing loss resulting from ongoing Menieres' disease, and only 4 points on Mobility, I wonder if there is any point in asking for a reconsideration.

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PIP at 64 5 years 8 months ago #135828

Green

I did reply to this question last week :)

See

www.benefitsandwork.co.uk/forum?view=top...04113&start=6#135771

There are no automatic scores for PIP, a double amputee scores 12 points because they meet specific criteria, I'm afraid someone with a single amputation could still score zero points because they do not!

If you scored 4 points then you have been assessed as being able to walk 50m-200m, you would need to show that you cannot reliably walk more than 50m to score the 8 points required for an award, assuming that you do not expect to score points for Going Out.

Gordon
The following user(s) said Thank You: Green

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PIP at 64 5 years 8 months ago #137016

  • Green
Well we have a prime example of rushing to meet targets on the part of the DWP. I received my 'No PIP' letter on the 3 June. I duly phoned them and told them I would like a MR to take place and they said okay but it can take upwards of 2/3 months so be prepared to wait. I followed this call through with a letter requesting an MR and copy assessors report, this letter being dated 8 June 2015. On the 19 June they sent me a copy of the assessors report. And again I replied on the 21 June asking for a formal MR. This letter, containing all the FA challenges was sent recorded delivery on 23 June 2015. And when I say factual accuracy challenges, I really mean factual accuracy challenges as the assessors report was riddled with them.

This morning I have received another letter from DWP dated 24 June, turning down my MR. Again 7 and 4 points respectively. Sadly in their letter of the 24th they appear only to have considered/referenced my letter to them of the 8 June and not the FAC letter dated 21 June 2015.

I believe they have made a rush reconsideration, without considering all the evidence and have acted outside their duty of care. I hope someone will agree.

I am going to call them on Monday and point out that they appear to have reconsidered without considering all the facts and evidence and informing them "off to tribunal we go then". I do not expect this will alter their mindset in any way. I shall of course back that call up with a RD letter.

In the meantime I shall look at Next Steps.

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Last edit: by Mrs Hurtyback.

PIP at 64 5 years 8 months ago #137051

Hi Green,

MRs seem to be going from the sublime to the ridiculous - either they are taking months or they are being rushed through in a few days :(I suppose it's too much to expect DWP to come up with a happy medium.

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