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Hi, my name is winterson6023! Need some advice regarding PIP Claim.
I appreciate I’m a little early here. I applied for PIP due to a prolapsed disc post surgery with nerve damage to my leg and foot with severe reduction in mobility and functionality. I’m fortunate that due to this happening via a RTA I had a injury claim and a top Neurosurgeon did a private full legal document detailing my injuries and restrictions for a potential court case so had excellent evidence.
I had my assessment and I’m awaiting a DM decision. I got a copy of my assessment and the HP awarded me 8 points for care and 12 points for mobility.
That would me. Low care element enhanced mobility. I appreciate this is a good start and the DM is likely to award as the assessor has advised. My question is the following.
The mobility element states I can stand and walk more than 1m but no more than 20 hence 12 points. I provided evidence that my knees are very weak and give way without warning and provided evidence via a neurosurgeon report as detailed above and A&E records and Ambulance records detailing two falls were my legs have way causing injury.
So the HP awarded me 12 points and agreed with my claims etc. But when it comes to care she states I can do the following despite being unable to walk far stand for long and knees that will give way without warning. Also need catheter for bladder and bowel incontenence about 60% of the time. She agreed with all this in report. However.
1. Can make own food and cook with aids. 2 points.
2. Can dress himself with use of aids. 2 points
3. Can get in and out bath with aids. 2 points.
4. Can use toilet etc with use of aids 2 points.
I disagree with the above because.
1. I can cook for very short periods but reluctant to cook and don’t because of the risk leg wil give way and cause me to drop hot scalding kettle pot etc. I also cannot use things above or below waist as restricted back and leg.
2. I cannot wash dress put socks on etc without help below hips. Cannot bend. I accept there are aids to do this but is that really reasonable as it will not take away from the dangers of my leg giving way.
3. Getting in and out bath. Yes aids could assist but no aid can take away from fact I’d need to put all my weight on one leg and again the risk of my leg giving way as described.
4. Toilet I can again get on and off toilet with an Aid BUT I contend CE is difficult with it without an aid. Most importantly I wear a catheter which has a bag that’s attached to just below my knees. I’m unable to attach it there remove it empty it etc and need someone to do this. The HP states agreed I need and use it but this can be overcome with an aid! I know if no aid that can do this and this one single part being changed from Aids can assist to complete 2 points to needs assistance for toolet needs including incontenance of either bowel or bladder 6 points would award an additional 4 points so 8 to 12 meaning high care element.
My question is.
1. Is it risky to ask for a MR when if I’m awarded low care high mobility for sake of £30 a week as could lower whole award?
2. Do the DM generally award what the HP recommends?
3. If I’m awarded I will get an award letter and back dated £ to start of claim as well as being told what date my next payment of 4 weeks £ will be paid and then every 4 weeks there after. If I do an MR id of received my back dated £ but will my future PIP payments stop until MR completed or carry on and any adjustment done once resolved.
Thank you in advance
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