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Wheelchair or similar device

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7 years 2 months ago #179950 by Jaffa
Wheelchair or similar device was created by Jaffa
Hi just new to this site and wonder if anyone can please help me. I have been turned down for PIP but on going through the excellent guidance from this site, wonder if anyone can advise on what is a similar device to a wheelchair. I currently can walk one meter and then transfer directly unto an orthopaedic knee scooter which I use to get around for a long term condition. I propel this scooter with one leg and move along with my bad leg resting on the scooter, I don't walk but scoot along. If I didn't have my scooter I would have to use a wheelchair because I cant walk any distance. The PIP assessor has said I can walk aided. Any guidance or shared knowledge would be very much appreciated. Many thanks

Jaffa

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7 years 2 months ago #179961 by Gordon
Replied by Gordon on topic Wheelchair or similar device
Jaffa

How much detail did you go into in regard the scooter in your PIP2?

The legal requirement is that the claimant is able to stand and move, the word "walk" is not used in the legal definitions, so you may have an argument about this as you meet the requirement for one biological foot to be on the floor.

Are any of the "reliably" terms relevant to your situation?

Are you in pain even when using the scooter? You might be able to argue that you cannot move safely.

What is the speed of your "walking", could it be described as taking twice the time that a healthy person would? Timely manner.

Do you have to stop when "walking" and for how long? Not to a necessary standard.

You don't mention whether the distance you can scoot is limited in any way, but can you repeatedly move.

Gordon

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7 years 2 months ago #179970 by Jaffa
Replied by Jaffa on topic Wheelchair or similar device
Gordon
Thank you for this, I actually attended an assessment centre and went in on my scooter, because I was in a non contact cast and wasn't allowed to weight bear to promote healing. I suffer from charcot foot as a result of diabetic neuropathy and I have recurring diabetic foot ulcers requiring 2 orthopaedic surgical interventions. Over the past four years I have been in non contact cast 3 times with each episode being 12 weeks and when not is cast I have been wearing an aircast boot to protect the surger/ulcer site and promote healing. I do have pain all the time in the leg I use to scoot because of another injury, but with the scooter can cover quite a distance. I just hoped some other member might be aware of a similar case and knew if the scooter is classed as a similar device to a wheelchair or has knowledge of what is similar device.

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7 years 2 months ago #179984 by Gordon
Replied by Gordon on topic Wheelchair or similar device
JAffa

There's no relevant Case Law in this area. As far as I can see those assessing you are treating it in the same way as a prosthesis would be.

A wheelchair is excluded from the test because the claimant does not place a biological foot on the ground when using one to move.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #180063 by slugsta
Replied by slugsta on topic Wheelchair or similar device
Hi Jaffa,

Are you saying that you do not have to use this device for the majority of days?

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7 years 2 months ago #180069 by Jaffa
Replied by Jaffa on topic Wheelchair or similar device
I use the scooter every day to get about, I can walk a few metres but use the scooter to get around my work and if I am out shopping I use my Travelscoot mobility scooter because I cant cover longer distances.
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