High rate mobility - would they qualify?

Hello there, I was hoping you might be able to help. Firstly, to avoid any confusion, this question IS NOT in relation to my daughters PIP claim which I have posted queries in the forum.

My question is:

CIRCUMSTANCES ARE:

Person has a learning disability which means they CANNOT plan and follow UNFAMILIAR journeys UNAIDED - needs the help of another person to navigate. However, they CAN plan and follow familiar journeys unaided.

Same person is also loosing their sight due to degenerative irreversible eye condition (RP).

Currently person is registered only partially partially (not blind) due to poor visual acuity but mainly because they also suffer from NIGHT-BLINDNESS which all people with RP suffer from. Night-blindness affects them every day - when it is dark.

Would the person have a good case for qualifying for PIP for the higher rate mobility? The argument being:

Because they are affected by nigh-blindness (part of the day) every day (majority of time) when it is dark, this means that on all days they are unable to plan and follow even FAMILIAR journeys without being aided by another person - therefore, satisfying the descriptor (e)?

This is something I will be having to deal with for a relative sometime in the near future.

Any advice would be very much appreciated. Thanks.

Buster

Cheers for your reply Gordon.

Sorry, I should have explained things more clearly. This will be a PIP claim.

Just to clarify I meant descriptor (f) not descriptor (e) in my query.

I see what you are saying about planning. Thanks for pointing this out.

What I should say is this:

He has a learning disability which results in him being unable to plan the route of any journey both familiar and unfamiliar.

The effects of his learning disability means he cannot follow the route of an unfamiliar journey unaided (someone navigating for him). However, he is able to follow a familiar journey unaided.

If the above was accepted I believe this would be satisfying descriptor (e) for 10 points?

It is confusing Gordon so please bear with me.

However, because he has night blindness for part of the day (resulting in total blindness) every day this means he cannot then follow the route of any journey at all unaided (needs and gets help from another person when it is dark - walking outside). This does not vary, he is affected like this every day of the week.

Therefore, I am wondering if he would have a good argument for saying descriptor (f) should apply for 12 points and the enhanced rate mobility.

Forgive me if I am talking jibberish Gordon. Regarding the 50% of the time rule. I was lead to believe, you should be classed as satisfying a descriptor even if you cannot manage it unaided for PART of the day (example after dark). Even though you would have no problems for the rest of the day. I was lead to believe the 50% rule only applied to the majority of time in terms of number of days affected in a 12 month period - a week or whatever?

Gordon it is confusing and like I say I may be talking a load of jibberish - it wouldn't be the first time. Anyway I hope I am making sense.

Buster

Thank you for explaining things Gordon. AlthoughI am still somewhat confused in relation to the following: from page 19 of the B & W PIP guide it states:

Under the heading AT any point during the day: "you don't have to satisfy a descriptor for most of the day for it to apply." It goes on to say "if a descriptor applies at any point during a 24 hour period, it is considered to apply for the entire day....." Here, I am thinking, he cannot walk outside unaided on any journey - for part of the day - due to him being completely blind when night time - seems to go along the lines of the B & W example.

The guide goes on to give an example, on page 20. It says: "so for example, on most days you may be be unable to put a shirt or a jumper on first thing in the morning because of your arthritis is at its worst, but after an hour or two your symptoms ease and you are able to dress yourself." Here, I am thinking, during daylight hours he can walk outside unaided, however, at night time when it is dark his symptoms of his eye condition worsen and result in him being unable to walk outside unaided?

It's something I'll be looking at in the next year or so, so there's no panic. I'll tell you what though - there can be little wonder why this whole PIP process is so bloody confusing - even after spending hours and hours trying to get ones head around it. By the way I will of course keep you updated with how my daughter's PIP claim progresses.

Many thanks

Buster

Hi Buster,

I'm no good at links but you may like to check out 'yourable' website and search for a member called Scotty1.

He has RP. His post on the 5th May 2014..entitled Blind Person PIP award. Unlike your friend/relative, he does not have a learning disability. Just RP.

He was awarded 30 points daily living and 12 points mobility..being partially sighted. He has an indefinite award as the condition does not improve.

It obviously affects all aspects of daily living if you think about it..I have several close friends with RP and they really do struggle.

My own neurological condition MS, causes me to lose central vision from time to time, so I can only 'scan' across to be able to see. I can't even find the food on my plate when it happens. it looks like my plate is half empty, and it only happens to me occasionally, it would be totally disabling if it was persistent as in RP. Safety would be a huge issue.

Just because your friend or relative can follow a familiar route does NOT make it safe to do so, and to have a learning disability makes it a double whammy! Can he/she see hazards even on a familiar journey?

You also have to think about the situation that in the winter months it can be dark up to 8 am in the morning and dark again by 3.30 in the afternoon. 3.30 in the afternoon is still daytime.

It would be totally unreasonable to restrict ones activities to daylight hours. How would one socialise in the evening? Go to and from work in the winter? Go to the shops at a time to suit the claimant, not just when it is light, to name but a few.

All the descriptors require, at times, good sight, from being able to see stains on your clothing to counting out small change..if you see what I mean.

It may be a good idea to contact the RP society for their input. RNIB are also very helpful and I believe will fill in PIP forms if you struggle.

As always, good luck!