- Posts: 2
× Members
PIP risk of harm
- Lacychaz
- Topic Author
- Offline
Less More
4 years 8 months ago #250399 by Lacychaz
PIP risk of harm was created by Lacychaz
In refusing our mandatory reconsideration, the DWP have said my daughter, who has POTS and regularly looses consciousness when going from seated to standing quickly (as you might have to to get off a bus) is not at risk of significant harm because she has never been admitted to hospital as a consequence of loosing consciousness. We have explained that she has suffered a broken leg and various sprains requiring outpatient treatment, as a result of falling, but they say this in not enough. Surely you can be at risk of significant harm without needing hospital admission?
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
4 years 8 months ago #250404 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP risk of harm
Hi Lacychaz
You can go to appeal if you want to, though it will probably take nearly a year to be heard. If you look at the guide on the link below, you will see on the first page that it talks about how they should assess risk and safety.
www.gov.uk/government/publications/perso...-assessment-criteria
I have no idea for their reasoning in your daughter's case, but if you are going to challenge this you will need to show how often she loses consciousness. (I know you said regularly) but you need to be clear about how often this happens. The risk may be high (eg her passing out), but the harm (eg sprained wrist) may be deemed as low. I'm not saying this is the case - only how they could be viewing it - as they state in the guide for assessors.
I don't know what medical back-up you had when you put in the claim, but if necessary, gather some more if you decide to go to appeal.
BIS
You can go to appeal if you want to, though it will probably take nearly a year to be heard. If you look at the guide on the link below, you will see on the first page that it talks about how they should assess risk and safety.
www.gov.uk/government/publications/perso...-assessment-criteria
I have no idea for their reasoning in your daughter's case, but if you are going to challenge this you will need to show how often she loses consciousness. (I know you said regularly) but you need to be clear about how often this happens. The risk may be high (eg her passing out), but the harm (eg sprained wrist) may be deemed as low. I'm not saying this is the case - only how they could be viewing it - as they state in the guide for assessors.
I don't know what medical back-up you had when you put in the claim, but if necessary, gather some more if you decide to go to appeal.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
4 years 8 months ago #250420 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP risk of harm
Lacychaz
Just to add to what BIS has already said.
The risk of harm must be associated with each activity that it is relevant to, there is no general risk of harm as there was with DLA.
DMs will be looking at the likelihood of harm and the degree of harm that might occur when performing the activity, ideally, the risk needs to be high as does the harm to score but it is still possible to score if one of them is lower.
Gordon
Just to add to what BIS has already said.
The risk of harm must be associated with each activity that it is relevant to, there is no general risk of harm as there was with DLA.
DMs will be looking at the likelihood of harm and the degree of harm that might occur when performing the activity, ideally, the risk needs to be high as does the harm to score but it is still possible to score if one of them is lower.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David