Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:
Remember me. Note: ticking this may affect members file download ability.
Members
  • Page:
  • 1
  • 2

TOPIC: Pip and relevance of previous DLA commissioner dec

Pip and relevance of previous DLA commissioner dec 1 month 2 weeks ago #170949

Hi, does anyone know if previous DLA commissioners decisions,relating to pain that comes on after walking, are relevant to current pip applications? Thanks.
jack
The administrator has disabled public write access.

Pip and relevance of previous DLA commissioner dec 1 month 2 weeks ago #171005

  • Gordon
  • OFFLINE
  • Forum Moderator
jack wrote:
Hi, does anyone know if previous DLA commissioners decisions,relating to pain that comes on after walking, are relevant to current pip applications? Thanks.

I think you would need to argue that they apply on a case by case basis. There are two issues;

The language that DLA uses is not reflected in the PIP legislation, an example of this would be "severe discomfort" that DLA uses to describe pain, PIP has no equivalent and deals with pain in a more general manner.

Secondly, PIP is very specific in defining the criteria for it's activities where DLA was not. DLA looked at the claimants care needs in regard to bodily functions, PIP is very specific in how it looks at those functions and in most cases does not look at the care that is needed but rather the level of functional impairment.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: jack

Pip and relevance of previous DLA commissioner dec 1 month 2 weeks ago #171183

Thanks Gordon I find it hard to think straight about this as it is very complicated. I've got structural and biomechanical problems which mean when I walk it causes me pain muscle tightness and causes my joints to jam. I've had all sorts of painkillers from anticonvulsant, opioids and antidepressants for pain but I can't think on that medication. To avoid severe pain and injury I pace myself. I've been using valium occasionally as a muscle relaxant but I don't actually want to continue using it as I can't drive after I've used it. My worst symptoms come on after walking apart from some soreness while I am walking. In honesty I'm not sure what I can do on a rest day if I tried to walk. What I do know from experience is if I don't take my rest days(4 -5 days a week) I am likely to have serious problems requiring medical or paramedical treatment. My problems are quite well medically documented. I'm having medical and paramedical treatment fairly regularly for these problems anyway.
jack
The administrator has disabled public write access.

Pip and relevance of previous DLA commissioner dec 1 month 2 weeks ago #171185

Gordon could I also ask in relation to this if I've got my wires crossed regarding my understanding of safely. Does harm in this context mean serious lifelong harm ? Thanks
jack
The administrator has disabled public write access.

Pip and relevance of previous DLA commissioner dec 1 month 2 weeks ago #171188

  • Gordon
  • OFFLINE
  • Forum Moderator
jack wrote:
Gordon could I also ask in relation to this if I've got my wires crossed regarding my understanding of safely. Does harm in this context mean serious lifelong harm ? Thanks

I would not use the word "harm" in regard to PIP, it's not that it is not considered, it's just the wrong word!

You should be talking about completing the PIP activities "safely", which is defined as

a fashion that is unlikely to cause harm to themselves or to another person

That probably seems the same, just the other way around but the important thing is that "safely" is a legally defined word for PIP.

Safely covers both physical and mental harm, immediate, short and long term harm. This does not mean pain free, but pain that limits your ability to complete an activity should be considered.

Safely is one of the word that comes under the heading of "reliably", you should also have a look at "on the majority of days" in the PIP Claim guide.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Pip and relevance of previous DLA commissioner dec 1 month 2 weeks ago #171238

Thanks Gordon. I just think then that if what I experience is not what they regard as harm, then I couldn't say that I can't do the activity safely. Does that make sense?
jack
The administrator has disabled public write access.
  • Page:
  • 1
  • 2
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
Time to create page: 0.242 seconds