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PIP for a Partial Amputee
- Cheryl1512
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1 day 6 hours ago #314674 by Cheryl1512
PIP for a Partial Amputee was created by Cheryl1512
My brother recently had to have half his foot amputated. We have applied for PIP for him, refused, MR sent in, refused. We are now going to appeal it.
Has anyone had any luck with an amputation & receiving pip?
We have sent all the evidence in, a lot of if. He has told them that he cannot stand for very long, cannot drive his car, is basically trapped in the house unless someone is free to take him out. It just feels so unfair, it was medical negligence that caused this & he is in a dire financial situation that PIP would certainly help with purchasing a decent prosthetic foot, so he could at least drive his car & possibly get back to work.
Has anyone had any luck with an amputation & receiving pip?
We have sent all the evidence in, a lot of if. He has told them that he cannot stand for very long, cannot drive his car, is basically trapped in the house unless someone is free to take him out. It just feels so unfair, it was medical negligence that caused this & he is in a dire financial situation that PIP would certainly help with purchasing a decent prosthetic foot, so he could at least drive his car & possibly get back to work.
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- LL26
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31 minutes ago #314699 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP for a Partial Amputee
Hi Cheryl 11512,
There may be a number of issues here.
1. If this is a recent amputation your brother might not achieve what is called "3 months back 9 months forward". test. Basically all new claimants for PIP need to show that they have had relevant disability for 3 months before the claim and are likely to remained disabled for a further 9 mths.
Now presumably either your brother has had an accident or some sort of ongoing illness has become worse hence the amputation. If there was a recent illness or accident less than 3 mths ago you would fail the first part of the test. Even if the surgery was more than 3 mths ago, the assessor may believe that given 9 mths is a some time away a recovery can be made hence the 2nd part of the test can not be met.
However if the amputation is a result of a longer term issue what was you brother's walking previously. Consider whether he has had poor walking for months and hence easily complies with the 3 mths back test.
Of course now time has passed brother might well satisfy 3 mths back and in time the 9 mths forward. A 'future' claim can be made when long term or permanent disability exists, and you claim now to take effect in 3 months time, so everything is set up to receive PIP asap when eligible.
2. Assuming the 3/9 mths tests are met, then clearly your brother can appeal if he feels he can not perform the descriptor activities.
The mobility tests comprise being able to "stand and move ... Ie" stand upright with at least one biological foot on the ground" then move. I'm not aware of any case law on this whether half a foot still comprises 'a biological foot'. There may be an argument there.
Nevertheless, it is not so much the fact if the amputation, how much foot is left etc, rather what is the effect if the surgery?
In order to achieve points your brother will need to consider how he walks (or not). Firstly does he walk upright, what about balance, falling or risk of falling.? Consider speed of walking and manners. Even if say 50 m could be walked could this be repeated several times across the day? What about pain or fatigue?
How long will your brother need to wait until a prosthetic foot can be used? Even if one is provided, would this make walking possible and to what extent?
In a recent response to a post, I set out the full test for mobility 2 see here
www.benefitsandwork.co.uk/kunena/10-dla-...-for-mobility#314600
If your brother has pain etc safety issues etc etc it is likely he will achieve points at the level appropriate to his ability.
However, I go back to the original point - in particular proving likely disability during the coming 9 months. I think you and your brother need to be absolutely clear about the longer term and post surgery recovery. You may already have medical evidence about this. If not, then this may be worthwhile considering.
If you have any further more specific questions please let us know.
I hope this helps.
LL26
There may be a number of issues here.
1. If this is a recent amputation your brother might not achieve what is called "3 months back 9 months forward". test. Basically all new claimants for PIP need to show that they have had relevant disability for 3 months before the claim and are likely to remained disabled for a further 9 mths.
Now presumably either your brother has had an accident or some sort of ongoing illness has become worse hence the amputation. If there was a recent illness or accident less than 3 mths ago you would fail the first part of the test. Even if the surgery was more than 3 mths ago, the assessor may believe that given 9 mths is a some time away a recovery can be made hence the 2nd part of the test can not be met.
However if the amputation is a result of a longer term issue what was you brother's walking previously. Consider whether he has had poor walking for months and hence easily complies with the 3 mths back test.
Of course now time has passed brother might well satisfy 3 mths back and in time the 9 mths forward. A 'future' claim can be made when long term or permanent disability exists, and you claim now to take effect in 3 months time, so everything is set up to receive PIP asap when eligible.
2. Assuming the 3/9 mths tests are met, then clearly your brother can appeal if he feels he can not perform the descriptor activities.
The mobility tests comprise being able to "stand and move ... Ie" stand upright with at least one biological foot on the ground" then move. I'm not aware of any case law on this whether half a foot still comprises 'a biological foot'. There may be an argument there.
Nevertheless, it is not so much the fact if the amputation, how much foot is left etc, rather what is the effect if the surgery?
In order to achieve points your brother will need to consider how he walks (or not). Firstly does he walk upright, what about balance, falling or risk of falling.? Consider speed of walking and manners. Even if say 50 m could be walked could this be repeated several times across the day? What about pain or fatigue?
How long will your brother need to wait until a prosthetic foot can be used? Even if one is provided, would this make walking possible and to what extent?
In a recent response to a post, I set out the full test for mobility 2 see here
www.benefitsandwork.co.uk/kunena/10-dla-...-for-mobility#314600
If your brother has pain etc safety issues etc etc it is likely he will achieve points at the level appropriate to his ability.
However, I go back to the original point - in particular proving likely disability during the coming 9 months. I think you and your brother need to be absolutely clear about the longer term and post surgery recovery. You may already have medical evidence about this. If not, then this may be worthwhile considering.
If you have any further more specific questions please let us know.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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