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Pip and relevance of previous DLA commissioner dec
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8 years 7 months ago #170949 by jack
jack
Pip and relevance of previous DLA commissioner dec was created by jack
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
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8 years 7 months ago #171005 by Gordon
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
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Replied by Gordon on topic Pip and relevance of previous DLA commissioner dec
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
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8 years 6 months ago #171183 by jack
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Replied by jack on topic Pip and relevance of previous DLA commissioner dec
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
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8 years 6 months ago #171185 by jack
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Replied by jack on topic Pip and relevance of previous DLA commissioner dec
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
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8 years 6 months ago #171188 by Gordon
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
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
Replied by Gordon on topic Pip and relevance of previous DLA commissioner dec
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
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8 years 6 months ago #171238 by jack
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Replied by jack on topic Pip and relevance of previous DLA commissioner dec
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
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