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Pain and pip mobility

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7 years 1 month ago #181650 by poppycat52
Pain and pip mobility was created by poppycat52
My partner lost the mobility component on transfer from DLA to pip. We followed the guide but The DWP said that the pain he experienced was not sufficient to affect his mobility. They wrote that they based this on the fact that his medication dihydrocodeine, paracetamol and lyrica were (according to them) usually prescribed for slight to moderate pain and that such levels of pain would easily be controlled. My partner decided not to ask for a reconsideration because he feared losing his high rate care component if he did so. I understand why he didn't want to risk losing everything. A few weeks later and his condition has deteriorated and now is to be prescribed stronger meds. Too late to appeal now and have to wait six months before we can reapply because he received 2000 from motability towards alternative transport. It will of course mean risking losing all. We need to understand how the DWP can decide what level of pain one is experiencing and what level is acceptable to endure and what level would entitle someone to enough points to be awarded.

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7 years 1 month ago - 7 years 1 month ago #181677 by Gordon
Replied by Gordon on topic Pain and pip mobility
San

It's not too late to appeal but a Tribunal panel cannot consider any change in your partner's conditions so the change of medication would be excluded as would the deterioration in his conditions that necessitated it.

Claimants are not asked to walk without pain, however, any pain that limits the distance that he can walk should be taken into account. Also, if you can show that the pain he has is severe then you may be able to argue that he is not walking to a necessary standard. The word "severe" is not defined but would have it's usual dictionary definition.

As you have an existing award you cannot make a new claim, as an aside I wish I new where this six months between PIP claims.

Your partner can ask to have their claim reassessed due to a deteriorated condition but they should think very carefully before doing this, their condition getting worse does not necessarily mean that they will score more points, this would be a full reassessment of your their claim, new PIP2 and almost certainly a face to face assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 1 month ago by Gordon.

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7 years 1 month ago #182004 by poppycat52
Replied by poppycat52 on topic Pain and pip mobility
Thanks.

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7 years 1 month ago #182083 by shrinathji
Replied by shrinathji on topic Pain and pip mobility
San,
Lyrica has side effects that can slow you down, which can effect your husbands mobility. My husband is on the maximum dose and yes whilst this does help numb the pain, he is not pain free, it also effects his ability to walk in a timely manner as it makes him feel light headed!!!!. Not sure of the side effects of the other medication.

Regards
R

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