So only having one leg means not disabled...

Richie-from-the-Boro

The issue with a DLA award is the walking test not a single leg, if I REM correctly a double amputee above the knee both sides qualifies, all others are the walking test, a double above automatically qualifies because s/he cannot walk or virtually cannot walk in law. Its the legal definition of 'walk' [ing].

Automatic entitlements from April are - double amputees; deal/blind; severely visually impaired; haemodialysis and terminally ill etc. The 2011 figures for the award depending on whether the amputation was above the ankle or above the knee were:

- Double Amputee 1,100 in total with only 140 getting HRM, breakdown of all groups here.

littlemonkeywolf, WCA / DLA / PIP is a work test not a walk test, fight it, but you would do better to get pro help as advised by others.

rogerblack

If the original question is about ESA - and his only disability is the leg - he will struggle, under the current criteria to get any points.

He scores no points for mobility, as he will likely be assessed as able to mobilise more than 200m on level ground, due to his use of the wheelchair.
He scores no points for being able to climb two steps - as he can use his prosthesis.

The only way someone who habitually uses a wheelchair - but can climb steps with an aid - would get enough points for this alone is if they can't - fairly slowly - go 50m on level ground.

The new test does _NOT_ take into account actual employability, and it does not take into account what a persons previous work was.
Everyone is assessed on the same basis - and the tests implicitly make the assumption that someone able to manage well in a wheelchair is able-bodied.

If he can't prove to a tribunals satisfaction - they will be reasonable generally - that he can't manage 50m - his next step, if he does not have any other disability is jobseekers allowance, with all that that means.

fogartyblue.

It is likened to the guy that came on to the football pitch with two false legs and was quickly taken off DLA after millions saw that he could walk!

They changed the regs over that incident - thank God!!

Just had a look at that list linked.

With respect to anybody that suffers from the following, this comment is not directed at anybody in particular.

It seems that the dead and dying are less likely to be awarded Mobility than those that have much less serious conditions.

Arthritis & Back pain gives a 17% chance of a mobility award, yet

Motor Neurone Disease & Parkinsons give only a 6% chance of being awarded it.

That I cannot understand.

With both MND & Parkinsons, I have yet to come across a sufferer that doesn't have significant mobility issues.
Yet those with Arthitis & Back pain are more likely (3 times more likely) to be awarded DLA.

I am in a state of confusion!!!!

NAR

littlemonkeywolf wrote: »

I shall definatly look into DIAL etc and try and re instate disability Living allowance as if you do the online tests it says he should be entitled to it. I have told him to dig out all his paperwork and let battle commence as he just goes with what they say so looks like I shall have to encourage him to fight his battle.

He may have overstated his capabilities to the medical interviewer, old school not wanting to admit to his limitations. Unfortunately this is where it backfires on him in relation to DLA, where he gets assessed purely on his answers. He perhaps needs to be schooled to a certain extent on what he should say at a medical interview. There is a big difference between saying that "I can walk 10 yards" to "I can walk 10 yards but then become breathless/or am in pain."

intranicity

fogartyblue. wrote: »

It seems that the dead and dying are less likely to be awarded Mobility than those that have much less serious conditions.

Arthritis & Back pain gives a 17% chance of a mobility award, yet

Motor Neurone Disease & Parkinsons give only a 6% chance of being awarded it.

That I cannot understand.

With both MND & Parkinsons, I have yet to come across a sufferer that doesn't have significant mobility issues.
Yet those with Arthitis & Back pain are more likely (3 times more likely) to be awarded DLA.

I am in a state of confusion!!!!

I think you are misreading the figures.

The way I see it is that of all the people claiming DLA for in this instance Motor Neurone Disease & Parkinsons, ONLY 6% of them are only given a mobility element but no Care element

BUT you cannot tell from these figures, it is possible that the other 94% who receive the care element also receive HRM

Anubis_2

intranicity wrote: »

I think you are misreading the figures.

The way I see it is that of all the people claiming DLA for in this instance Motor Neurone Disease & Parkinsons, ONLY 6% of them are only given a mobility element but no Care element

BUT you cannot tell from these figures, it is possible that the other 94% who receive the care element also receive HRM

Yes, this is true, and I would imagine it also depends what stage the MND and Parkinson's is at - MND, for example, is a horrific progressive fatal disease (my dear friend passed away with it) the only exception to fatality appears to be Stephen Hawkin.

I would imagine at the early stages, the care may not be required, but the 6 percent on mobility only will probably move to care awards too as the disease progresses.

littlemonkeywolf

NAR wrote: »

He may have overstated his capabilities to the medical interviewer, old school not wanting to admit to his limitations. Unfortunately this is where it backfires on him in relation to DLA, where he gets assessed purely on his answers. He perhaps needs to be schooled to a certain extent on what he should say at a medical interview. There is a big difference between saying that "I can walk 10 yards" to "I can walk 10 yards but then become breathless/or am in pain."

and this is exactly the problem I think as to others he doesnt admit pain etc.

Thanks all the advice and views:T. Think I have a lot of reading to do on the subject just to make sure I know what he may or may not be entitled to etc.

Richie-from-the-Boro

Revised WCA Handbook ESA (LCW/LCWRA) Amendment Regulations 2011 is here.