No points awarded for dialysis.

Hi Aileen

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PIP is awarded on whether the DWP believes a claimant meets the specific PIP criteria as laid out in the individual questions and how their conditions impact on their daily living and their mobility for the majority of the time.

So a claimant suffering from renal failure, won't necessarily get awarded PIP because they have to have dialysis - but they may get it because they suffer some of the symptoms like fatigue and weakness, which may make it difficult for them to prepare food, get in and out of a bath, get dressed. They may get it because possible vomiting could make it impossible for them to eat properly and therefore they lose weight and can't get sufficient nutrition. They may get it because the associated sleep problems, which means they cannot safely and reliably do things that are set out in the criteria.

What I hope I have got over - is that dialysis is a time-consuming and exhausting treatment for a serious condition, but it's the PIP criteria that a claimant must always talk to.

You didn't say whether it's you who got turned down or whether you have had a recent assessment. If you have you could ring and ask for the assessment report, if you haven't already and you could put in for a mandatory reconsideration.

We have guides that can help you with this process
www.benefitsandwork.co.uk/help-for-claimants

Come back and ask, if you have further questions.

BIS

Hi Aileen

I'm assuming that you're going to put in for a Mandatory Reconsideration? Sending a letter from you is a good idea. Make sure you tie your comments into the PIP criteria.

Many assessors have issues over the claimant's grip and seem to think that all grips are the same - when they clearly aren't. All you can do is reiterate what he is unable to do. Having to use an aid to put on socks etc is an indication that he needs to use an aid to help dress.

When completing your MR concentrate on the areas that will lead your husband to scoring points. Don't waste time on criticising the report or the assessor. You can always put in one final paragraph of any issues arising that have nothing to do with points at the end if you feel it's necessary.

BIS

Hi Aileen,
I endorse what BIS says: you get PIP points for showing that you can not do the specified descriptor activities or for needing some some of help.
You would think that being on dialysis shows a degree of disability that would give points, but it may never.
That said, you still might get points for needing dialysis if you think a little out the box. There are two possibilities that come to mind.
Firstly, and I profess some ignorance here, is the machine a 'device that improves provides or replaces an impaired physical or mental function'? I'm thinking it improves or helps the ability to go to the toilet. But, as I said I may be totally wrong about what these machines do!
If it does help toileting then it will be an aid/appliance and should score 2 points.
My second thought is whether you need to help to set up the machine. (I think you mentioned this was about your husband.) If husband needs any amount if help, then he should score points under descriptor 3. The points level will be determined by how long the total amount of help per week is. This could include monitoring the machine whilst on as well as set up and cleaning if this can't be managed alone.
I seem to remember reading a case that suggested help with self catherisation could be either toilet needs or managing therapy but not both, hence it is possible that dialysis machines fall under the same status.
I would definitely argue a sock aid helps you dress. Sitting down is something many people do to dress, and hence a chair or bed isn't an aid (per caselaw). A sock aid is however different.
If you wish to do an MR then don't just say 'I need to use a sock aid.' Describe how you use it, why you need it, what happens if you don't use it including length of time required to do socks without it, and any safety issues. Also think about the ability to do this repeatedly and in an acceptable manner both with and without the aid.
Use this information to set out clearly the need for the gadget.
This approach can bd adopted across all the PIP activities what help do I need, why, what happens without....
By doing this you should be able to convince DWP to award points, and hopefully this will get your husband an award of PIP.
I hope this helps.
LL26