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TOPIC: Limb function and BPS model

Limb function and BPS model 1 week 6 days ago #170908

Hi there, hope someone can give me some help / views.

I am currently undertaking the paperwork for a PIP claim as my indefinite DLA award is finally being reviewed.

Apart from about 12 pages of typed additional notes, I am also going to attach various copy letters / documents with the claim form. One of these is a copy of part of the medical report an EMC made following a home assessment a few years ago.

The doctor rated all my joints / limb function as being level 3 which was severe impairment, however he notes that he has taken the BPS into account in making this determination. Will the fact that he mentions the BPS being used be detrimental to me?

I am also using other parts of his report, including one where he states that, due to uncontrolled epilepsy (quite apart from the mobility problems), I am unsafe going anywhere on my own because of possible lack of awareness of traffic / roads / other people and that I should always be accompanied.

Thank you.
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Limb function and BPS model 1 week 5 days ago #170939

  • Gordon
  • Forum Moderator

How many is a "few years ago"? Medical evidence over two years old tends to be depreciated by assessors and Decision Makers unless the claimant can show relevance to their conditions as they are today. To some extent this can depend on the underlying conditions, if these are ones that do not respond to treatment then old evidence can be used to set a "stake in the ground", but where this is not the case claimants should try, if possible, to get up to date letters and reports.

I'd be surprised if BPS being mentioned is an issue, but there is no way to predict the medical background of the assessor on your claim, so it may be a case of deciding whether the value of the report exceeds any assumptions that might be made as a result of the reference.

The DWP guidance for the Going Out activity limits the conditions that they will consider to cognitive, mental health or sensory issues, so you may struggle to score points for the effects of epilepsy, however, this does not mean that you should not argue your case, but you will need to explain in detail these problems and how they manifest themselves and try and link them back to one or more of the above, have a look at the PIP Claim guide and the DWP's PIP Assessment guide for more details.


If you have more questions then please reply to this post and we will do our best to help.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Limb function and BPS model 1 week 5 days ago #170945

Thank you for your response.

I will amend my additional pages and give even more info. Unfortunately, there is no time for me to get up to date medical reports. As I was ill and staying with family when I had to contact the DWP to request the PIP form, it arrived whilst I was away so I missed about 5 days of the four weeks.

I shall have to explain that, as the reports span about eight years, they show that my condition has not altered during this period. If, necessary I can get an appointment with the podiatrist who previously wrote about my problems with walking but this cannot be submitted at this stage (at least she is seen privately so there is no referral needed). As I can hardly get to see my GP these days ...... well, you all know what that's like.

I will give a more detailed explanation regarding the seizure activity. I understand what you are saying but it does seem totally ridiculous that it is acknowledged I am in danger if I leave the house on my own as I frequently have to be guided across roads etc. due to the fact that I can suddenly freeze or go "away with the faeries". I also lack concentration and frequently have "sensory overload" due to fibromyalgia because my brain cannot cope with the noise of a lot of people and traffic and so on. I could be a danger to myself and other people by falling / stepping off pavements. I would get panicked if I were somewhere strange and, in fact, do not go out on my own at all. I am certainly not capable of planning and executing a journey as I can't use public transport (there are only buses in this somewhat rural area) and can no longer drive for obvious reasons.

I am following the guide as best I can but I am pretty certain now that what I thought would be straightforward (and just a case of my giving as much detail as possible) will now have been the wrong thing. I shall be taking tonight to go through all my answers and compare them to the sample answers you have given. I had read the guide (and have used them previously for IB, DLA and ESA claims) but there seem to be more "twists and turns" in the PIP assessment!

Again, thank you.
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Limb function and BPS model 1 week 5 days ago #170946

A further question, sorry, to which I have a horrible feeling that nothing can be done.

As previously stated, I cannot drive or use public transport due to uncontrolled seizures, mobility problems, pain, confusion etc. I live in a relatively remote area of the country and my nearest "test centres" that I can see online are some distance away. Certainly the ATOS centre I went to a few years ago took 1.5 hours by car for which I needed: additional pain meds, anti-sickness, immodium and a heat pad / heated car seat to negate the pain in my back and hips.

My father (who is now 80) is the only person who can drive me anywhere. Unfortunately, my mother is now quite ill; verging on dialysis (at stage iv) and has heart problems for which she is undergoing extensive testing. Should she be ill, or be called into the hospital for tests / treatment my father's priority will of course be her. I am getting worried that this could entail me having to alter a medical assessment - and possibly more than once. That does not even take into account my seizure activity. The last medical I had for ESA was not on a good day for me as I had had a seizure the night before and fallen face first onto the rim of the lavatory - this meant I attended ATOS with a black eye and badly bruised arm, as well as still being somewhat out of it. Despite this, and the fact that my asthma was very bad (to the stage where I kept being offered to re-book the test), no note was made in my report that I had had any difficulties.

The combination of these possibilities is getting me more and more worked up. Not to mention the fact that I have read the "reviews" of the local centres and they all seem to have their problems with access and lack of adjacent parking.

I have looked into getting a taxi (there are local firms who know me) but it is likely to be in excess of £100 and they are so busy I doubt I could get someone to (in effect) take half a day accompanying me - they would not want to take the responsibility.

Finally, do they send you an actual appointment day and time, or do you telephone to make the arrangements?

With all best wishes and thanks.
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Limb function and BPS model 1 week 5 days ago #170961

Hi TL,

Would your GP back you up if you requested a home assessment? These can be difficult to obtain but might be worth trying if it would make things easier for you. AS I said, you would need to support your request with a letter from a GP.

In general, claimants can be expected to travel up to 90 minutes for an assessment. If you nearest assessment centre would be further away than this, that might also work in your favour.

Claimants are usually allowed to alter the appointment once without any problem. More than this risks your file being returned to DWP and claim closed. You could appeal this on the grounds that being ill is 'good cause' for missing the appointment - but the problem is that DWP tend to close the claim first and ask questions later, which can cause a good deal of inconvenience and distress :(

The first appointment is usually generated by computer (taking little or no account of the claimants limitations) and sent by post. If needing to change this, it is worth trying to book the next appointment whilst phoning to cancel as this gives a better chance of getting something suitable.

Of course, none of this might be relevant if the assessor feels that you have submitted enough information//evidence to make a recommendation without seeing you!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: TemporallyLoopy
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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