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- PEDY
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6 years 2 days ago #218351 by PEDY
Success!! was created by PEDY
HELP!! Hi all I am just finishing my Pip reconsideration letter to address the reasons why I should remain within the enhanced category . I damaged my hip in a serious car accident over 2 years ago. I was very upset when I received my letter after my face to face review as it stated that i 'could stand and move then move using and aid and appliance more than 20 metres but no more than 50 metres.' what the person neglected to record was that I had to stop 3 times and was as usual in agony. There was also reference to me being 'observed,' sitting on the chair in the waiting room, but no reference to me shifting from one side to the other to relieve the pain. How can I phrase this in my submission any advice 2 points were taken off leaving me with a mobility part of 10 points in total, it's disgraceful can you help? I am online now so will see anyone's message.
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6 years 2 days ago #218364 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Success!!
Pam
I've moved your post to its own topic, we ask members not to post their questions in other's topics as it can lead to the wrong advice being taken or given.
PIP does not directly consider your ability to sit, so you will need to explain your problems in the context of the PIP activities.
Re the Moving Around activity and your walking
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
I've moved your post to its own topic, we ask members not to post their questions in other's topics as it can lead to the wrong advice being taken or given.
PIP does not directly consider your ability to sit, so you will need to explain your problems in the context of the PIP activities.
Re the Moving Around activity and your walking
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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