- Posts: 181
× Members
PIP Moving Around
- PDix
- Topic Author
- Offline
Less More
5 years 2 months ago #244634 by PDix
PIP Moving Around was created by PDix
I am considering appealing the decision I received on my PIP application. Initially, I got Standard Care only which was increased to Enhanced Care and Standard Mobility after a MR. I feel that I should have been awarded Enhanced Mobility.
I use 2 crutches to walk and do not feel that I “stand and then move”. I struggle to rise from a chair and have to then get my balance, get my crutches in position before I can start to move. It can take several minutes to perform this. What is your opinion on “stand and then move”? I have tried to research this but most advice is concentrated on the moving aspect.
I am correct in thinking that the Tribunal must warn you if they are going to downgrade your award and give you the opportunity to retract your appeal?
I use 2 crutches to walk and do not feel that I “stand and then move”. I struggle to rise from a chair and have to then get my balance, get my crutches in position before I can start to move. It can take several minutes to perform this. What is your opinion on “stand and then move”? I have tried to research this but most advice is concentrated on the moving aspect.
I am correct in thinking that the Tribunal must warn you if they are going to downgrade your award and give you the opportunity to retract your appeal?
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8436
5 years 2 months ago #244658 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Moving Around
Hi Dixip
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 distance 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.
Yes, you are normally warned at a hearing that you could loose what you have already been awarded, but that does not mean they willbe down grading you, at a hearing the Tribunal need to know how your condition affects you. I have not personally been to a Tribunal where the claimant has been down graded, if they did not have a good case then we would advise them not to appeal.
Gary
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 distance 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.
Yes, you are normally warned at a hearing that you could loose what you have already been awarded, but that does not mean they willbe down grading you, at a hearing the Tribunal need to know how your condition affects you. I have not personally been to a Tribunal where the claimant has been down graded, if they did not have a good case then we would advise them not to appeal.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: PDix
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David