PIP query - moving around, driving consideration?

Jam1985

Hi everyone, I’m new to this site and to this whole process so everything is a little confusing. So a brief rundown of what happened - I had a catastrophic knee injury (full dislocation, 3 of 4 ligaments torn off) and the bone has stretched the peroneal nerve. This has left me with no dorsiflexion (up and down power) and my leg varies in numbness from knee to toe. I have had one knee operation, with the potential for another in a year resulting in 18-24 months rehab for the knee alone. My problem is arising from my nerve damage, my physio and consultant both think there’s a chance the nerve will never heal due to the severity of the injury and are giving it 24 months before deciding on whether to operate or not. I have looked into pip/motability and started my application. My query is - in the questions on the form it asks about walking. Currently, I struggle to walk (albeit with crutches) and that will improve in time however I will always need an AFO foot brace. This means I can’t drive my car, and will need an adapted automatic for future driving. A lack of car will effect my work as I live 60 miles from the office, and as there is an on call aspect to my job meaning unsociable hours (12-6am) but there’s no questions in relation to driving so how will that effect my application. Will the assessor look at individual circumstances as well as the scoring system. Any help will be much appreciated. Many thanks, J

calcotti

Driving is not a consideration nor are your personal circumstances. Nor does PIP have anything to do with work. It is assessed and scored solely against the specified descriptors
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

woodbine

hi @Jam1985 welcome to scope. It should be remembered that neither element of PIP is awarded for your condition but for the care and/or mobility issues that arise. I have linked the descriptors at the end of my post, whilst there is no question related to driving when you have an assessment it might be raised by the assessor, all you can do is tell it like it is now not what might be in the future.
Mobility is covered at the bottom of the page:

https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

Tori_Scope

Welcome to the community @Jam1985 I'm sorry to hear about your knee injury.

 Have you had a chance to take a look over the PIP descriptors linked to above? This might help you to work out where you might score points, and plan out what you want to say in your application. Please let us know if you're confused by any of it, or if you have any further questions. 

Jam1985

Hi everyone, thanks for the prompt responses and all the advice offered so far.

my fear about the whole process is that I will most likely be able to walk in 6 months with a AFO foot brace on (although still suffer nerve pain if not healed), but I will still have no power in my foot, therefore no ability to drive. I was on the understanding that motabilty tried to get you back to the standard of life before accident/injury, but it seems not. I’m a little disappointed as all I wanted was a little help to return to work and continue contributing toward taxes and NI contributions. I’d also like to do this ASAP.

The surgeons and physios have said that a proper final assessment cannot be made until they have given me 24 months healing as the nerve may or my not recover itself, and by reading previous posts I have seen pip won’t offer much help as the injury will not be classed as permanent.

I'm a little deflated, as being off work and being unable to work the unsociable hours is effecting my income and pension for future years, it now appears I’ll have to buy a new car and covert the pedal system myself resulting in a lot of money over 3-4 years when I was really hoping pip/motability would assist.  The ability to walk and the ability to drive, I thought, would have went hand in hand for considerations to me made.

I don’t even know if the nerve pain I suffer when will assist the application, as I can grit my teeth and bare it over 20m but it’s a 7/10 on the pain scale and after movement it hurts more the remainder of the day. I don’t know is that factored in as the scoring system is very black and white there are no grey areas for the assessors opinion it would seem.

Thank you all again for your help and advice given,

Jam 

calcotti

PIP isn't to do with work. The work related benefit is new style ESA but this can only be claimed after your SSP entitlement has ended or the LCWRA element of Universal Credit. Neither of these give access to the Motability scheme.

Jam1985

Hi again, yes I understand pip isn’t to do with work, and I know I mention work on my posts, but I’m using that as an example of my now limited movement/disability and how it’s restricting me from the life I had before. 

I’m merely mentioning driving as although I may be able to walk in time albeit aided with a fixed brace, I have lost the ability move my right foot drive and this is not being factored as a disability which has confused me.

i wish to return to work ASAP, and believe me I never thought I’d be looking into benefits as a fit and healthy 35 year old, all I wish to do if return to work and continue to pay back into the system. The one time I may need the system it may not be able to help me.  Pip stands for personal independence payment and I have lost part of my independence with my ability to use my foot (and therefore drive) being effected.  I know and agree with what you are saying about driving and work not being a consideration, but my disability has had a knock on effect to these areas of life.

as a full time employee is there any other benefits that can help, you mention ESA etc? As I say I’m new to all this and never thought I’d need to make a claim. If I can’t drive to work I could potentially lose my job and become I employed, I have worked from the age of 14 and never been unemployed before or claimed job seekers, it all seems a little worrying and is causing me some stress and anxiety.

thanks for your help this far

calcotti

New style ESA is a non means tested benefit which can be claimed if you have a full NI record for 2018-19 and 2019-20 but you cannot claim it if you are currently entitled to SSP from your employer. SSP is payable by your employer for 28 weeks. See
https://www.gov.uk/guidance/new-style-employment-and-support-allowance
and
https://www.gov.uk/statutory-sick-pay

If your household income is low you may also be eligible for Universal Credit but you cannot claim if you have savings over £16,000 and if you do claim that would end any means tested benefits you already receive such as Tax Credits.
https://www.gov.uk/universal-credit

A benefits calculator can help you assess entitlement 
https://www.gov.uk/benefits-calculators

Jam1985

Thank you very much I’ll look into these also.