Industrial Injuries Disablement Benefits- are DWP's assessment/decision same criteria as PIP, ESA? — Scope | Disability forum
New to the community? Remember to read our community guidelines and our community house rules.
Concerned about another member's safety or wellbeing? Find out how to let us know.

Industrial Injuries Disablement Benefits- are DWP's assessment/decision same criteria as PIP, ESA?

Peter99
Peter99 Member Posts: 65 Connected
I am asking for a cousin.  Ten years ago, he was awarded 2% for life for loss of Faculty. 
Now his condition has got worse and both of his knees are now affected.
Are the DWP's assessment and decision same criteria as PIP, ESA, etc?

Comments

  • calcotti
    calcotti Member Posts: 2,982 Disability Gamechanger
    IIDB, ESA and PIP are all assessed differently.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • boristheblonde
    boristheblonde Posts: 65 Listener
    I think it’s worked out as loss of function of specific limb or bodily part that’s not functioning as a normal persons would.
    Don’t quote me on that tho the information is listed on direct.gov.uk. And there’s lots of it , can’t see much in caselaw, either that or I’m looking in the wrong place….
    How they measure the percentage is another question I’m also asking myself.
    ive also read many apparently are just under the required 14% to get a payment tho they are added as a whole in the total award for multiple issues. 
    2% is just ridiculously low don’t you think.


  • mikehughescq
    mikehughescq Member Posts: 7,445 Disability Gamechanger
    A deterioration in the loss of faculty is not in itself relevant. The issue is whether it can be attributed to an industrial injury or disease. That is a far less straightforward question. The implication of the post is that neither knee or only one knee were originally an issue but now both are. Logically, how do you demonstrate that a previously okay knee now has an issue which is attributable in any way to something work-related which took place at least a decade ago? The answer of course is that you cannot without medical evidence and in particular a strong medical opinion with a sound basis. Indeed it may take more than one as given a choice between two credible medical experts the DWP can often wholly justify saying there’s sufficient doubt to go with their own. Anything more equivocal will fall short. In any event you could, not unreasonably, expect to be challenged. 

    Imagine…

    I injured my left knee at work. I had some pre-existing arthritis. 98% of my loss of faculty was attributed to the arthritis and only 2% to the work injury.

    10 years later my left knee has got worse and now my right knee is playing up.

    The obvious questions are:

    1 - how could you credibly attribute anything to do with the right knee to a work injury when there was no issue at the time?

    2 - even if your loss of faculty in the left knee is worse how could you possibly say that it wouldn’t have been this bad any way at this point solely on the back of the arthritis? 

    Whilst there are some challenges which are close to no risk this one isn’t and it will require an adviser with genuine expertise in IIDB before taking any aspect of it forward. 

    As regards 2% being ridiculously low… I’m not sure I see the problem. You need a scale upon which to base payment and scales have a top and a bottom. The rules via which percentages are calculated are very detailed indeed and have absolutely stood the test of time.

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.

Fancy a chat in our virtual coffee lounge?

Put the kettle on and have a chat in our coffee lounge with other members. We talk about hobbies, games and anything else you can think of!

Cerebral Palsy (CP) Online Cafe

Here's a new opportunity for people with CP or a similar disability (aged 20+) to get together and chat. The sessions are in partnership with CP Sport so you can find out more and meet people from both organisations.

Are you struggling?

Read our 'Coping with stress, low mood and isolation' support thread for a run-down of ideas on how to banish those blues and feel happier.

What do you think about the community?

Complete our feedback form and tell us how we can make the community a better space for you.

Information about COVID-19

If you have questions about the virus, please read our information and support which includes guidance on benefits, getting food and essentials and Cerebral Palsy.

Back to school this September?

Read tips on how to settle back in and handle any worries you or your children might be having this new term.

Online employment support

Support to Work is an online and telephone support programme for disabled people who are looking for work.