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Dyslexia and evidence of this and mobility query
- redjen
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5 years 6 months ago #238004 by redjen
Dyslexia and evidence of this and mobility query was created by redjen
My husband had his PIP turned down and also at mandatory review, the mobilty bit and daily living are both incorrect in my opinion. The one we are struggling with is reading. He is severely dyslexic and attended a special needs school. They have decided he can read complex information?! As evidence we have his attendance at the special school, statement from his ex employer, and medical records where his dyslexia and inability to remember things is documented. He doesn't however have his formal diagnosis letter as this was 35 years ago! The school have no longer got this.. We are going to tribunal, what other evidence can we provide? A new diagnosis is £400 and is money we just don't have. The mobilty bit I think will be easier to evidence but there are issues there to. Any thoughts...
Can someone help me work this out.
Moving around.
a. Can stand and then move more than 200 metres, either aided or unaided. 0 points.
b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.
c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points.
f. Cannot, either aided or unaided, –
(i) stand; or
(ii) move more than 1 metre. 12 points.
So if you could not walk unaided at all without significant pain, and no more than 50 metres aided reliably and without pain and exhaustion, which one applies?
Can someone help me work this out.
Moving around.
a. Can stand and then move more than 200 metres, either aided or unaided. 0 points.
b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.
c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points.
f. Cannot, either aided or unaided, –
(i) stand; or
(ii) move more than 1 metre. 12 points.
So if you could not walk unaided at all without significant pain, and no more than 50 metres aided reliably and without pain and exhaustion, which one applies?
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- Gary
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5 years 6 months ago #238010 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Dyslexia and evidence of this and mobility query
Hi redjen
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. He is being asked about the problems he would have with working out how to get from one place to another, he would not need to be able to follow the route that he was planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with him leaving the house to go somewhere, they will be interested in the things that stop him doing this. You need to show that he would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems he would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent him from doing this? This is different from undertaking a journey, in fact, if he cannot undertake a journey then he will not score points for following one and vice versa.
Details can be found in our guide on mobility and reading. Our new guide has just come out version 34 Sept 2019, page 48 is quite useful on reading and also look at Submission re: planning and following journeys.
www.benefitsandwork.co.uk/help-for-claimants/pip
You may want to keep a day diary on how your husbands dyslexia affects him on a day to day basis and what help he requires, does your husband have any learning difficulties? If you do not keep a diary, then start one as soon as you can, they can add weight at at tribunal.
Gary
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. He is being asked about the problems he would have with working out how to get from one place to another, he would not need to be able to follow the route that he was planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with him leaving the house to go somewhere, they will be interested in the things that stop him doing this. You need to show that he would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems he would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent him from doing this? This is different from undertaking a journey, in fact, if he cannot undertake a journey then he will not score points for following one and vice versa.
Details can be found in our guide on mobility and reading. Our new guide has just come out version 34 Sept 2019, page 48 is quite useful on reading and also look at Submission re: planning and following journeys.
www.benefitsandwork.co.uk/help-for-claimants/pip
You may want to keep a day diary on how your husbands dyslexia affects him on a day to day basis and what help he requires, does your husband have any learning difficulties? If you do not keep a diary, then start one as soon as you can, they can add weight at at tribunal.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: redjen
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- Gordon
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5 years 6 months ago #238014 by Gordon
So
- if he cannot reliably walk more than 20m but no more than 50m without using an aid, for example; a walking stick or crutches, then it is (c)
- If he can only walk the distance with an aid then it is (d)
- if he cannot reliably walk the distance with or without an aid then you would be looking at (e)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Dyslexia and evidence of this and mobility query
redjen wrote: So if you could not walk unaided at all without significant pain, and no more than 50 metres aided reliably and without pain and exhaustion, which one applies?
So
- if he cannot reliably walk more than 20m but no more than 50m without using an aid, for example; a walking stick or crutches, then it is (c)
- If he can only walk the distance with an aid then it is (d)
- if he cannot reliably walk the distance with or without an aid then you would be looking at (e)
Gordon
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- redjen
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5 years 6 months ago #238017 by redjen
Replied by redjen on topic Dyslexia and evidence of this and mobility query
Thanks,
They have decided b, but I cannot see how. He can't walk at all without pain.
They have decided b, but I cannot see how. He can't walk at all without pain.
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- Gordon
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5 years 6 months ago #238019 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Dyslexia and evidence of this and mobility query
redjen
He is not required to walk pain free but any pain that restricts the distance that he can walk should be taken into account.
Specifically for the Moving Around activity, if he is able to walk but he is 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 him to stand and then move (walk), so if he has problems getting up then you should document these as well.
If he walks slowly then it must take him at least twice the time to cover the distance as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop.
He must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what you can't do, for example; what can he walk in your house, how far is the toilet from where he normally sits, things that will count against hin are any trips that you make outside, so for example, how do you do your shopping?
He must be able to walk the distance he 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 he can do, how he is limited and why.
Gordon
He is not required to walk pain free but any pain that restricts the distance that he can walk should be taken into account.
Specifically for the Moving Around activity, if he is able to walk but he is 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 him to stand and then move (walk), so if he has problems getting up then you should document these as well.
If he walks slowly then it must take him at least twice the time to cover the distance as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop.
He must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what you can't do, for example; what can he walk in your house, how far is the toilet from where he normally sits, things that will count against hin are any trips that you make outside, so for example, how do you do your shopping?
He must be able to walk the distance he 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 he can do, how he is limited and why.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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