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Help with PIP mobility questions please

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7 years 3 months ago #178970 by Wilma
Any tips please on successfully claiming the enhanced rate of PIP?
My husband has M.E./CFS and is on the higher rate mobility DLA at the moment and has his form to switch to PIP.
Under the old rules it was if you can walk up to 50 metres and now it's changed to twenty metres. He used to qualify on not being able to walk fifty metres
He can manage to walk twenty metres but wouldn't be able to do it repeatedly and would have bad fatigue etc afterwards and would probably feel worse the next day
At the moment he is a bit better as his condition fluctuates but worried that if he puts down he can walk the twenty metres at the moment he would lose his car and when his condition worsens again he wouldn't be able to go out. Most days he's is too fatigued to get up till midday.
Any advice on what to put would be helpful.
Thanks

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7 years 3 months ago #178992 by Gordon
Replied by Gordon on topic Help with PIP mobility questions please
Wilma

He needs to be unable to reliably walk more than 20m on the majority of days to score the necessary points.

Things to consider apart from the obvious one of how many days he is affected in this way is to look at the use of reliably.

So he needs to be able to repeatedly walk the 20m within a reasonable timescale. The reasonable timescale is not defined and is down to you to argue. If you are saying that he cannot walk more than 20m then he would in effect be unable to walk the 40m required to repeat the distance.

He needs to be able to walk the 20m in no more than twice the time that it would take for a healthy person to do so. If the speed of his walking is very slow then you may be able to show this, a normal walking speed is 72m/minute (worst case).

He needs to able to walk to an appropriate standard so if he has to stop regularly during the 20m then you may be able to argue that he does not meet this.

Lastly, he needs to be able to walk safely, if his walking the 20m has a significant effect on his health then you can argue that he cannot walk safely. Be aware that there is no requirement for to walk without pain, breathlessness or exhaustion, but any of these that limit the distance he can walk should be considered. You can also argue that Post Exertional Malaise is also an issue that must be considered.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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