- Posts: 2
× Members
Pip mobility descriptor
- Ziggy
- Topic Author
- Offline
Less More
3 years 6 months ago #264634 by Ziggy
Pip mobility descriptor was created by Ziggy
Hi. I have just received my award letter for pip and have been awarded standard rate for daily living but only 4 points for mobility. I'm satisfied with the daily living part and don't want to challenge that.
In completing the form and in the telephone assessment I repeatedly made it clear that I cannot stand without pain. I have psoriatic arthritis, scoliosis, and lumbar spine degeneration. I provided medical evidence for this.
In response to the question about how far I can walk I stated less than 20 metres because I cannot be upright without pain. I explained the pain is instant and grows to be intolerable within a few minutes. I explained how the pain spreads and becomes severe if I don't sit again within couple of minutes.
In the phone assessment I was asked how far I could walk in perfect conditions. I answered that on standing I would be in immediate pain that I could only tolerate for a couple of minutes.
The award letter states that they have accepted I can walk for a couple of minutes and therefore can cover more than 50 metres but less than 200metres, hence 4 points.
Is it worth asking for mandatory reconsideration of just the mobility question (and potentially risking getting the daily living part taken away)? Or is the assessment correct? I.e. Is it irrelevant how much I might be suffering if I can technically cover that distance?
Can I use the reliably, repeatedly and safely rules to challenge this assumption?
Thank you
In completing the form and in the telephone assessment I repeatedly made it clear that I cannot stand without pain. I have psoriatic arthritis, scoliosis, and lumbar spine degeneration. I provided medical evidence for this.
In response to the question about how far I can walk I stated less than 20 metres because I cannot be upright without pain. I explained the pain is instant and grows to be intolerable within a few minutes. I explained how the pain spreads and becomes severe if I don't sit again within couple of minutes.
In the phone assessment I was asked how far I could walk in perfect conditions. I answered that on standing I would be in immediate pain that I could only tolerate for a couple of minutes.
The award letter states that they have accepted I can walk for a couple of minutes and therefore can cover more than 50 metres but less than 200metres, hence 4 points.
Is it worth asking for mandatory reconsideration of just the mobility question (and potentially risking getting the daily living part taken away)? Or is the assessment correct? I.e. Is it irrelevant how much I might be suffering if I can technically cover that distance?
Can I use the reliably, repeatedly and safely rules to challenge this assumption?
Thank you
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9007
3 years 6 months ago #264642 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip mobility descriptor
Hi Ziggy
I'm sorry that you got caught by the 'trick' question. I wonder from what you have said how many 'ideal' days you have!
Should you put in for an MR. I can't answer that question for you, but I've only known two people to have their award down-graded at the MR stage and they were both very unusual cases. The majority of MR's fail, but 37% are successful and I am sure each person who wins thinks it was worth it.
If you do put in for an MR - you certainly can argue the safety and the reliability issues. From the small bit, you have said you're unlikely to be able to repeat a distance of 20ms quickly. You should also emphasise any other issues you have with balance, any additional side effects caused by pain such as lack of concentration (eg safety issues).
BIS
I'm sorry that you got caught by the 'trick' question. I wonder from what you have said how many 'ideal' days you have!
Should you put in for an MR. I can't answer that question for you, but I've only known two people to have their award down-graded at the MR stage and they were both very unusual cases. The majority of MR's fail, but 37% are successful and I am sure each person who wins thinks it was worth it.
If you do put in for an MR - you certainly can argue the safety and the reliability issues. From the small bit, you have said you're unlikely to be able to repeat a distance of 20ms quickly. You should also emphasise any other issues you have with balance, any additional side effects caused by pain such as lack of concentration (eg safety issues).
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Ziggy
- Topic Author
- Offline
Less More
- Posts: 2
3 years 6 months ago #264645 by Ziggy
Replied by Ziggy on topic Pip mobility descriptor
Thank you for the reply, it's helping me to think this through.
I did emphasise throughout the form and particularly in the mobility section that I have no good days when it comes to my back. The damage is extensive and permanent with no fluctuations.
I think I may attempt the mandatory reconsideration.
I used the guidance from this site to complete my online application and it was really helpful. So thanks to all for that.
I did emphasise throughout the form and particularly in the mobility section that I have no good days when it comes to my back. The damage is extensive and permanent with no fluctuations.
I think I may attempt the mandatory reconsideration.
I used the guidance from this site to complete my online application and it was really helpful. So thanks to all for that.
The following user(s) said Thank You: denby
Please Log in or Create an account to join the conversation.
- R_
- Offline
Less More
- Posts: 25
3 years 6 months ago #264653 by R_
Replied by R_ on topic Pip mobility descriptor
It can also be very difficult to estimate the time that it's taken to do something. Even if you sit at home and concentrate on counting 120 seconds in order to estimate 2 minutes it's unlikely that you'll be spot on and that's when you're not doing something else that is causing you pain. Perception of time is also different depending on the circumstances. If you need to leave home to catch a bus in 2 minutes that time will fly by whereas if you're in bed, unable to sleep, in pain, every second will drag.
Similarly, many people find it difficult to estimate distance. I knew the width of a local swimming pool is 10m and guessed that the distance from my door to the garden gate was about the same distance - it was nearer 25m when I later measured it using Google maps.
You were put on the spot and asked to tell them the time you can walk. They assumed you were accurate with your estimate and that you were walking at a certain speed - that's not accurate, it's based on an estimate and assumptions!
Have you ever measured this? I think it's worth everyone doing this before an assessment and writing it down. When the assessor asks for the time or distance you can walk you can answer "I measured this and I know it is ..... metres and it took me ..... seconds". It doesn't mean they'll accept what you say but you'll know what you said was accurate which is a good point to start an MR. You might find it useful to do that measurement now and by starting with accurate figures you can then think about the reliability criteria which will help you decide whether to put in for an MR. You might find that you are able to walk further than 20m but it's very slow, or maybe the time you're walking for is a lot less than you realised and the distance is very short as a result.
The reply below from Gordon on a thread a few years ago might help with the "In a reasonable time period" part of the reliability criteria.
"I haven't seen any walking time defined for PIP but historically the times used have been 90m/minute and also 72m/minute. I would use the lower value if you are trying to do a comparison."
"it means that a healthy person can walk 70m in one minute.
So to meet the criteria for twice as long you need to be unable to walk more than 35m in a minute, the more restricted your walking the better."
They've probably assumed that even if you're quite slow you'll be walking 70m in 2 minutes which is not necessarily the case. Even for someone who can manage to walk that distance it may not be to an acceptable standard if they have pushed themselves through pain from the start which eventually forces them to stop as it gets worse.
Similarly, many people find it difficult to estimate distance. I knew the width of a local swimming pool is 10m and guessed that the distance from my door to the garden gate was about the same distance - it was nearer 25m when I later measured it using Google maps.
You were put on the spot and asked to tell them the time you can walk. They assumed you were accurate with your estimate and that you were walking at a certain speed - that's not accurate, it's based on an estimate and assumptions!
Have you ever measured this? I think it's worth everyone doing this before an assessment and writing it down. When the assessor asks for the time or distance you can walk you can answer "I measured this and I know it is ..... metres and it took me ..... seconds". It doesn't mean they'll accept what you say but you'll know what you said was accurate which is a good point to start an MR. You might find it useful to do that measurement now and by starting with accurate figures you can then think about the reliability criteria which will help you decide whether to put in for an MR. You might find that you are able to walk further than 20m but it's very slow, or maybe the time you're walking for is a lot less than you realised and the distance is very short as a result.
The reply below from Gordon on a thread a few years ago might help with the "In a reasonable time period" part of the reliability criteria.
"I haven't seen any walking time defined for PIP but historically the times used have been 90m/minute and also 72m/minute. I would use the lower value if you are trying to do a comparison."
"it means that a healthy person can walk 70m in one minute.
So to meet the criteria for twice as long you need to be unable to walk more than 35m in a minute, the more restricted your walking the better."
They've probably assumed that even if you're quite slow you'll be walking 70m in 2 minutes which is not necessarily the case. Even for someone who can manage to walk that distance it may not be to an acceptable standard if they have pushed themselves through pain from the start which eventually forces them to stop as it gets worse.
The following user(s) said Thank You: an ex nurse, denby, Gary, Ziggy
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8436
3 years 6 months ago #264663 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Pip mobility descriptor
Thank you R_ for your post.
You are quite correct in being put on the spot, most people panic and under estimate the time to do something.
I remember Gordon's thread which you mentioned and have used it a few times myself when arguing time period.
Gary
You are quite correct in being put on the spot, most people panic and under estimate the time to do something.
I remember Gordon's thread which you mentioned and have used it a few times myself when arguing time period.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
3 years 6 months ago #264675 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip mobility descriptor
Ziggy
As I've been mentioned a couple of times I thought I would add my own thoughts.
Notwithstanding Regulation 4 and the need for a claimant to complete each of the PIP activities reliably
As an aside, be careful in using the word "reliably", it does not appear in the legislation.
The Moving Around activity is fundamentally about the distance that the claimant can move (walk), you've indicated several times that despite the pain you can walk for about two minutes, a person walking very slowly would be expected to walk at least 50m in this time, which is consistent with what appears to have been written in the Decision report.
As mentioned by others, you need to concentrate on why you cannot walk reliably.
First, you have a decision to make, go for the 20m descriptor and an Enhanced award or 50m and a Standard one.
Someone who is limited to 20m would be expected to have problems moving around their house, as an example; our downstairs toilet is 7.5m from where I normally sit, I struggle to walk this even with the obvious break in the middle and have to sit for at least 15 minutes before I could repeat the trip. Can you show that you are similarly limited?
In either case, look at the four reliability issues.
Safely - you could argue that being in pain while walking means that you are not doing it safely, especially if you are unsure on your feet as a result of it.
To a necessary and appropriate standard - again you could argue that being in pain while walking means that you are not doing so to an appropriate standard, there is Case Law in this area.
Repeatedly - can you walk a distance again and how long would it be before you could?
In a timely manner - as mentioned by others measure the distance accurately and time yourself walking it, most mobile phones can provide a timer, and Google maps can calculate distances. The time taken includes any stops that you make during the walk but not at the start or the end.
I hope this helps.
Gordon
As I've been mentioned a couple of times I thought I would add my own thoughts.
Notwithstanding Regulation 4 and the need for a claimant to complete each of the PIP activities reliably
As an aside, be careful in using the word "reliably", it does not appear in the legislation.
The Moving Around activity is fundamentally about the distance that the claimant can move (walk), you've indicated several times that despite the pain you can walk for about two minutes, a person walking very slowly would be expected to walk at least 50m in this time, which is consistent with what appears to have been written in the Decision report.
As mentioned by others, you need to concentrate on why you cannot walk reliably.
First, you have a decision to make, go for the 20m descriptor and an Enhanced award or 50m and a Standard one.
Someone who is limited to 20m would be expected to have problems moving around their house, as an example; our downstairs toilet is 7.5m from where I normally sit, I struggle to walk this even with the obvious break in the middle and have to sit for at least 15 minutes before I could repeat the trip. Can you show that you are similarly limited?
In either case, look at the four reliability issues.
Safely - you could argue that being in pain while walking means that you are not doing it safely, especially if you are unsure on your feet as a result of it.
To a necessary and appropriate standard - again you could argue that being in pain while walking means that you are not doing so to an appropriate standard, there is Case Law in this area.
Repeatedly - can you walk a distance again and how long would it be before you could?
In a timely manner - as mentioned by others measure the distance accurately and time yourself walking it, most mobile phones can provide a timer, and Google maps can calculate distances. The time taken includes any stops that you make during the walk but not at the start or the end.
I hope this helps.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, R_, Gary, Ziggy
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