Pip/Assessment

pope

kaMelo said:

You need to have had a condition for three months when you claimed pip and the condition is expected to last at least nine months after claiming PIP

Yes I had the condition 3 months prior to applying March 2023. Since March 2023 till now its been 7 months and my fracture has still not healed after surgery. How can I argue this DWP any advice?

Indie_Kid

Do you have any evidence it's a long term thing?

Spoonie_Turtle

What were the 4 points mobility awarded for, was it the fracture or something else?

pope

Indie_Kid said:

Do you have any evidence it's a long term thing?

The assessor has put in the report fibula fracture takes between 4 and 8 weeks to heal. When I went to my outpatient appointment at 8 weeks I was told that there is evidence that only small amounts of healing has taken place. I have clinical letter for this. I have another appointment 16th Oct and thinking perhaps get a better picture by then as it will be 15 weeks post surgery but need to send in my MR by 15th Oct as decision letter has date 15th SEPT.

pope

Spoonie_Turtle said:

What were the 4 points mobility awarded for, was it the fracture or something else?

You can stand and then move more than 50 metres but no more than 200 metres either aided or unaided. I don't understand if don't meet the prospective test in which the restriction needs to be present for 9 months following a claim for PIP then why have they given me 4 points?

Spoonie_Turtle

pope said:

Spoonie_Turtle said:

What were the 4 points mobility awarded for, was it the fracture or something else?

… I don't understand if don't meet the prospective test in which the restriction needs to be present for 9 months following a claim for PIP then why have they given me 4 points?

That's why I asked, I don't understand either.  I wondered if there was some other physical condition affecting your mobility, but evidently not.

Can you walk 50+m repeatedly and reliably (even with an aid) at the moment?

pope

Spoonie_Turtle said:

pope said:

Spoonie_Turtle said:

What were the 4 points mobility awarded for, was it the fracture or something else?

… I don't understand if don't meet the prospective test in which the restriction needs to be present for 9 months following a claim for PIP then why have they given me 4 points?

That's why I asked, I don't understand either.  I wondered if there was some other physical condition affecting your mobility, but evidently not.

Can you walk 50+m repeatedly and reliably (even with an aid) at the moment?

No I can't walk 50+ m

I have also noticed in the decision letter it says. You said you have difficulty planning and following journeys whilst you report anxiety you are prescribed the relevant mental health medication and you report no abandoned journeys. You have no prescribed Anxiolytic medications and the symptoms you describe do not meet the threshold of overwhelming psychological distress.

I am on 2 different anti depressents.

IainHL

My view is that you ask for a Mandatory Reconsideration now, rather than waiting, stating that your fracture has still not healed, despite surgery. You also need to state that you cannot walk more than 50 metres. That would put you into the 20 to 50 metres category, for which the score is 8 points.

By the time your MR is looked at (is it still 6-8 weeks?) you will be getting close to the 9 months since your claim. You can send in the report from your appointment on 16th October when you get it, for consideration with your MR.

Muttleythefrog

Yes I agree with above.... although there is some confusion over the points scoring they have awarded for mobility. A MR or indeed a later appeal seeks to replace the decision at the time of the initial one but peculiarly in the case they appear to have made a prediction on how quickly your leg issue would improve and it is now looking increasingly flawed which surely would have to be considered. 

Ultimately good direction and advice has been provided... it is difficult for people to provide more unless in your presence with all your documents... and I think you may need some assistance similar to that.

pope

IainHL said:

My view is that you ask for a Mandatory Reconsideration now, rather than waiting, stating that your fracture has still not healed, despite surgery. You also need to state that you cannot walk more than 50 metres. That would put you into the 20 to 50 metres category, for which the score is 8 points.

By the time your MR is looked at (is it still 6-8 weeks?) you will be getting close to the 9 months since your claim. You can send in the report from your appointment on 16th October when you get it, for consideration with your MR.

Yes between 6 to 8 weeks