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DLA to PIP
- RABELL
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7 years 5 months ago #202107 by RABELL
DLA to PIP was created by RABELL
Just went thru DLA to PIP got the standard rate of PIP for care which was a surprise, had the lower rate for care on DLA . On mobility reduced to standard rate , from higher rate on DLA,
Asked for mandatory review , have found out today they have come to the same decision, they seem to be over looking the Pain and Severe discomfort , rule is this normal. they cited using a trolley in the supermarket shopping, for the original decision, also the anti- inflammatory tablets I take as another, when I asked for a review I told them I stooped regularly due to pain and severe discomfort , and that most times I go to the shops I use the disability scooter, provided for customers, also I said I was in constant pain and discomfort, for all I took the tablets,Off to appeal I go, ATOS DWP strike again the Guide you produce was very helpful, Thanks for the information in your updates
Richard Bell Sunderland
Asked for mandatory review , have found out today they have come to the same decision, they seem to be over looking the Pain and Severe discomfort , rule is this normal. they cited using a trolley in the supermarket shopping, for the original decision, also the anti- inflammatory tablets I take as another, when I asked for a review I told them I stooped regularly due to pain and severe discomfort , and that most times I go to the shops I use the disability scooter, provided for customers, also I said I was in constant pain and discomfort, for all I took the tablets,Off to appeal I go, ATOS DWP strike again the Guide you produce was very helpful, Thanks for the information in your updates
Richard Bell Sunderland
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- Gordon
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7 years 5 months ago #202120 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
R
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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