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PIP questions - sorry if posted twice
- Sarcoid_Roscoe
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1 month 15 hours ago #300354 by Sarcoid_Roscoe
PIP questions - sorry if posted twice was created by Sarcoid_Roscoe
Dear Forum
Sorry for the multiple questions which I’m hoping I can get some answers to.
I suffer with multiple health problems and currently getting PIP at the standard rate but applied in January 2023 for this to be looked at again as my problems have got worse.
I did have a tribunal online Court hearing in November which kept the award the same but have appealed this decision due to not being able to understand what was being said as have hearing issues and also that the bundle was incomplete.
Thankfully have been giving a new hearing date TBC.
One are in the Daily Living that I struggle to understand is Communicating as score zero. I suffer with an Acoustic Neuroma on one hearing nerve and have Tinnitus both sides, which causes me to have both hearing loss and a difficulty in understanding what is being said.
I was given a hearing aid, but this didn’t assist as the nerve was damaged so did’t wear this, however my new hearing aids are a microphone one side that transfers the sound to my good ear, but this device was given after my assessment so my appeal hearing will based on my time when I was given a device that was of no use.
I would be able to hear okay using my mobile phone as would use a single ear plug to listen using my good ear, so cutting out the misheard words on my bad hear, but I don’t believe a mobile phone is a device, but it greatly assists me.
Face to face is very difficult - someone standing on my left side is a nightmare.
Second questions relate to planning a journey.
I can put into a Satnav my journey, but can’t understand what is being said, nor can I complete my journey due to problems with my back or becoming tired so will often have to stop and get picked up or wait and return home.
I was told that its my ability to know the route of my journey and not my ability to complete the journey at my tribunal hearing, but I explained that I didn’t want to start a journey that I couldn’t complete so would need somebody with me, ideally my son to drive as 80% of journey I do over 30 minutes I can’t complete.
I also explained that I have been stuck in London Underground for hours unable to navigate where to go as so confused on painkillers and unable to ask for assistance or unable to understand what was being said, but for this area I also scored zero.
My final question is moving around. This various depending on my energy levels and back pain, but have been measured at 20 - 50 meters which is about right in the afternoon. Its impossible for me to cover this distance most days in the morning as my feet have chilblains and I’m in so much pain. Is the distance a one of distance that can be done, and if the distance can be done but carried out under extreme pain does this make a difference. The reason for me is that I’m pushing myself through so many different pain barriers to try and keep mobile.
I have other questions but will keep this as short as possible thank you.
Sorry for the multiple questions which I’m hoping I can get some answers to.
I suffer with multiple health problems and currently getting PIP at the standard rate but applied in January 2023 for this to be looked at again as my problems have got worse.
I did have a tribunal online Court hearing in November which kept the award the same but have appealed this decision due to not being able to understand what was being said as have hearing issues and also that the bundle was incomplete.
Thankfully have been giving a new hearing date TBC.
One are in the Daily Living that I struggle to understand is Communicating as score zero. I suffer with an Acoustic Neuroma on one hearing nerve and have Tinnitus both sides, which causes me to have both hearing loss and a difficulty in understanding what is being said.
I was given a hearing aid, but this didn’t assist as the nerve was damaged so did’t wear this, however my new hearing aids are a microphone one side that transfers the sound to my good ear, but this device was given after my assessment so my appeal hearing will based on my time when I was given a device that was of no use.
I would be able to hear okay using my mobile phone as would use a single ear plug to listen using my good ear, so cutting out the misheard words on my bad hear, but I don’t believe a mobile phone is a device, but it greatly assists me.
Face to face is very difficult - someone standing on my left side is a nightmare.
Second questions relate to planning a journey.
I can put into a Satnav my journey, but can’t understand what is being said, nor can I complete my journey due to problems with my back or becoming tired so will often have to stop and get picked up or wait and return home.
I was told that its my ability to know the route of my journey and not my ability to complete the journey at my tribunal hearing, but I explained that I didn’t want to start a journey that I couldn’t complete so would need somebody with me, ideally my son to drive as 80% of journey I do over 30 minutes I can’t complete.
I also explained that I have been stuck in London Underground for hours unable to navigate where to go as so confused on painkillers and unable to ask for assistance or unable to understand what was being said, but for this area I also scored zero.
My final question is moving around. This various depending on my energy levels and back pain, but have been measured at 20 - 50 meters which is about right in the afternoon. Its impossible for me to cover this distance most days in the morning as my feet have chilblains and I’m in so much pain. Is the distance a one of distance that can be done, and if the distance can be done but carried out under extreme pain does this make a difference. The reason for me is that I’m pushing myself through so many different pain barriers to try and keep mobile.
I have other questions but will keep this as short as possible thank you.
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- Gary
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4 weeks 2 days ago #300431 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP questions - sorry if posted twice
Hi Sarcoid_Roscoe
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Communication
This activity focuses on your ability to convey and understand information verbally. It is only concerned with oral/aural communication (CPIP/2306/2015); if you can understand someone only by lip reading, this will be ignored (CPIP/315/2018. If you cannot understand people in noisy public spaces, this should be taken into account - you should not be expected to continually seek out quiet environments (CPIP/2306/2015).
Two types of information are covered in the descriptors: basic and complex.
Basic verbal information means information indoor own language conveyed verbally in a single sentence ( such as asking for a drink of water).
Complex verbal information means information in your own language conveyed verbally in either more than one sentence or one complicated sentence.
In either case, a lack of understanding of English, if this is not your first language, is not relevant.
Three of the descriptors refer to communication support. This isn support from a person trained or experienced in communicating with people with specific communication needs, including interpreting verbal information into a non-verbal form and vice versa (eg sign language). The experienced person could potentially include a family member or close friend (CPIP/1534/2016). It does not matter you currently do not have such support, as long as you can show that you have a need for it.
An aid could include a hearing aid or an electrolarynx. If you use a pen and paper to communicate, this may also be included as an aid or appliance (C3/18-19(PIP)).
PIP Regs, Sch 1, Part 1; PIP Assessment Guide, Part 2, para 2.3 (Activity 7) Disability Rights Handbook Edition 49
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
If you say your walking is restricted, you would need to be unable to reliably walk more than 50m to score sufficient points for an award just on the Moving Around activity.
Do you reasonably fit any of these criteria?
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; where 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.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Communication
This activity focuses on your ability to convey and understand information verbally. It is only concerned with oral/aural communication (CPIP/2306/2015); if you can understand someone only by lip reading, this will be ignored (CPIP/315/2018. If you cannot understand people in noisy public spaces, this should be taken into account - you should not be expected to continually seek out quiet environments (CPIP/2306/2015).
Two types of information are covered in the descriptors: basic and complex.
Basic verbal information means information indoor own language conveyed verbally in a single sentence ( such as asking for a drink of water).
Complex verbal information means information in your own language conveyed verbally in either more than one sentence or one complicated sentence.
In either case, a lack of understanding of English, if this is not your first language, is not relevant.
Three of the descriptors refer to communication support. This isn support from a person trained or experienced in communicating with people with specific communication needs, including interpreting verbal information into a non-verbal form and vice versa (eg sign language). The experienced person could potentially include a family member or close friend (CPIP/1534/2016). It does not matter you currently do not have such support, as long as you can show that you have a need for it.
An aid could include a hearing aid or an electrolarynx. If you use a pen and paper to communicate, this may also be included as an aid or appliance (C3/18-19(PIP)).
PIP Regs, Sch 1, Part 1; PIP Assessment Guide, Part 2, para 2.3 (Activity 7) Disability Rights Handbook Edition 49
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
If you say your walking is restricted, you would need to be unable to reliably walk more than 50m to score sufficient points for an award just on the Moving Around activity.
Do you reasonably fit any of these criteria?
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; where 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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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