Once more unto the tribunal.

rotoguys

rogerblack wrote: »

It depends.
You need to work out why they are asking specific questions, it may not always be clear.
For example, the use of a wheelchair, if the claimant owns one, may be counted as part of their adaption to the disease - which may affect their care needs.
For example, if they habitually go about in a wheelchair in their house, and have no issues with using this - they are unlikely to get care awards due to their difficulty in getting to the loo.
However, for mobility, as I understand it, the legal test is strictly 'walk'.
It's not to wheel themselves.
I am likely to get caught up in it with my HRM award as I could wheel a wheelchair at a pinch.

Get a statement of reasons, and this may better explain the decisions the tribunal came to, and if it's worth challenging them.

Thanks for that. Yes there may have been a different reason why they asked.

But am I right in thinking that from next year all HRM claims will be reviewed anyhow because being able to wheel a wheelchair will count as being able to mobilise even if you have no legs and can't use false ones?

Cpt.Scarlet

rotoguys wrote: »

Thanks for that. Yes there may have been a different reason why they asked.

But am I right in thinking that from next year all HRM claims will be reviewed anyhow because being able to wheel a wheelchair will count as being able to mobilise even if you have no legs and can't use false ones?

The criteria for DLA care and mobility remain unchanged, however, the criteria for PIP, the replacement for DLA, does include provision for the use of a wheelchair, but not in the same way as ESA, where usage is assumed whether it is the case or not, PIP has descriptors which include usage of a wheelchair.

rotoguys

Cpt.Scarlet wrote: »

The criteria for DLA care and mobility remain unchanged, however, the criteria for PIP, the replacement for DLA, does include provision for the use of a wheelchair, but not in the same way as ESA, where usage is assumed whether it is the case or not, PIP has descriptors which include usage of a wheelchair.

Thanks

Are you suggesting that under PIP and whilst it is a medical fact backed up with evidence, that I virtually cannot walk, if I use a wheelchair I would be treated as having mobilisation and consequently fail the Higher Rate for mobility, yet if I didn't have a wheelchair and just used a stick for example, I would be awarded the Higher Rate for mobility?

If that is the case, no one is going to admit to having the use of a wheelchair.

I thought the PIP descriptor was that you would have to show that there is a medical reason why you can't operate a wheelchair, whether you have one or not - one arm for example.

Cpt.Scarlet

rotoguys wrote: »

Thanks

Are you suggesting that under PIP and whilst it is a medical fact backed up with evidence, that I virtually cannot walk, if I use a wheelchair I would be treated as having mobilisation and consequently fail the Higher Rate for mobility, yet if I didn't have a wheelchair and just used a stick for example, I would be awarded the Higher Rate for mobility?

If that is the case, no one is going to admit to having the use of a wheelchair.

I thought the PIP descriptor was that you would have to show that there is a medical reason why you can't operate a wheelchair, whether you have one or not - one arm for example.

Actually I was saying the in ESA the use of a wheelchair is implicit, whereas in PIP it is explicit, however, to avoid any more confusion the following are the 2nd draft descriptors for PIP mobility (walking only). You require 12 points to qualify for the higher rate.

11. Moving around.
a. Can move at least 200 metres either –
(i) unaided; or
(ii) using an aid or appliance, other than a wheelchair or a motorised device. 0 points
b. Can move at least 50 metres but not more than 200 metres either –
(i) unaided; or
(ii) using an aid or appliance, other than a wheelchair or a motorised device. 4 points
c. Can move up to 50 metres unaided but no further. 8 points
d. Cannot move up to 50 metres without using an aid or appliance, other than a wheelchair or a motorised device. 10 points
e. Cannot move up to 50 metres without using a wheelchair propelled by the claimant. 12 points
f. Cannot move up to 50 metres without using a wheelchair propelled by another person or a motorised device. 15 points
g. Cannot either –
(i) move around at all; or
(ii) transfer unaided from one seated position to another adjacent seated position. 15 points

rotoguys

Cpt.Scarlet wrote: »

Actually I was saying the in ESA the use of a wheelchair is implicit, whereas in PIP it is explicit, however, to avoid any more confusion the following are the 2nd draft descriptors for PIP mobility (walking only). You require 12 points to qualify for the higher rate.

11. Moving around.

d. Cannot move up to 50 metres without using an aid or appliance, other than a wheelchair or a motorised device. 10 points
e. Cannot move up to 50 metres without using a wheelchair propelled by the claimant. 12 points

Hey great thanks that really helps.

I am right then! To get the 12 points you must not be able to move more than 50 metres without a wheelchair - in other words no wheelchair, no moving!

I will fall into (d) as I can't move more than 50 metres unless I use my stick, but refuse to go in a wheelchair.

I will then lose my HRM

Thanks for the info, looks like I will have to inform the DWP when PIP comes out.

Cpt.Scarlet

rotoguys wrote: »

Thanks for the info, looks like I will have to inform the DWP when PIP comes out.

You don't have to tell the DWP anything with regard to this.

First, these are only draft and still subject to change as are the qualifying points requirement.

Secondly, you will continue to receive DLA until you are transferred to PIP, whenever that might be. It is only then that you wil be re-assessed.

rotoguys

Cpt.Scarlet wrote: »

You don't have to tell the DWP anything with regard to this.

First, these are only draft and still subject to change as are the qualifying points requirement.

Secondly, you will continue to receive DLA until you are transferred to PIP, whenever that might be. It is only then that you wil be re-assessed.

Oh I see, right I have to keep quiet about it then. I am on an indef award.
Good, but at least it does mean that I am going to have to buy my own car again as the Motability one is definitely going to go back.

Thanks once again

rogerblack

Cpt.Scarlet wrote: »

Actually I was saying the in ESA the use of a wheelchair is implicit, whereas in PIP it is explicit, however, to avoid any more confusion the following are the 2nd draft descriptors for PIP mobility (walking only). You require 12 points to qualify for the higher rate.

In principle, for those with variable conditions, this may in some cases be more generous.
Simply as to match a descriptor, the descriptor needs to apply on the majority of days, not the majority of the time.
So for those who can do things only part of the day, they may normally satisfy the test for that day.

How this will be implemented in practice, is of course another matter.