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PIP mobility-part of the day
- Anto
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1 month 1 week ago #300370 by Anto
PIP mobility-part of the day was created by Anto
Hi everyone
I’m just wondering if anyone can help re part of the day and mobility.
Reason I ask is (personally only MH related) but in general really due to medication side effects or any other reason related to a part of the day. I have difficulty with the going out section in general but that’s not important. I think I’m right that for example if someone cannot carry out an activity for a daily living part of an activity for say 4 hours a day due to either medication side effects or even waiting medication to take effect then they should be considered unable to compete that task for the whole of the day ?
So to keep it as simple as possible. I’m on powerful nighttime medication long term at night for sleeeping (years of insomnia). It’s great for my insomnia, however for the first 4-5 hours of everyday or “most days” at least, I’m a zombie ! Partner says I’m not compos mentis? (Until day time meds kick in-more activating)
My question is does the part of a day descriptor for part of a day apply to mobility aswell as daily living ?
In simple terms, me with MH medication side effects and the condition itself, could not safely or reliably get from A to B wether familiar journey or not in the first few hours of the day, should that apply to the whole day as in preparing a meal for example ? Or is mobility different?
I’m sure many on this site with disabilities physical or mental have trouble for the first few hours of day due to medication.
I think the same question could be for someone with arthritis for example may take meds in the morning and until they kickin 4 hours later (just a guess) they cannot walk 50 metre etc.
In short what I’m saying is does the part of the day criteria apply to mobility aswell as daily living activities?
Apologies if it’s been asked already
Thanks in advance
I’m just wondering if anyone can help re part of the day and mobility.
Reason I ask is (personally only MH related) but in general really due to medication side effects or any other reason related to a part of the day. I have difficulty with the going out section in general but that’s not important. I think I’m right that for example if someone cannot carry out an activity for a daily living part of an activity for say 4 hours a day due to either medication side effects or even waiting medication to take effect then they should be considered unable to compete that task for the whole of the day ?
So to keep it as simple as possible. I’m on powerful nighttime medication long term at night for sleeeping (years of insomnia). It’s great for my insomnia, however for the first 4-5 hours of everyday or “most days” at least, I’m a zombie ! Partner says I’m not compos mentis? (Until day time meds kick in-more activating)
My question is does the part of a day descriptor for part of a day apply to mobility aswell as daily living ?
In simple terms, me with MH medication side effects and the condition itself, could not safely or reliably get from A to B wether familiar journey or not in the first few hours of the day, should that apply to the whole day as in preparing a meal for example ? Or is mobility different?
I’m sure many on this site with disabilities physical or mental have trouble for the first few hours of day due to medication.
I think the same question could be for someone with arthritis for example may take meds in the morning and until they kickin 4 hours later (just a guess) they cannot walk 50 metre etc.
In short what I’m saying is does the part of the day criteria apply to mobility aswell as daily living activities?
Apologies if it’s been asked already
Thanks in advance
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- Gary
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1 month 6 days ago #300437 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP mobility-part of the day
Hi Anto
It's not a question I have been asked before, my first thoughts, Reg 4(2)A Personal Independence Payment Regs 2013 stipulates that all Personal Independence Payment descriptor activities have to be done ‘reliably’ namely
Where [a claimant's] ability to carry out an activity is assessed, [the claimant] is to be assessed as satisfying a descriptor only if [the claimant] can do so -
(a) safely;
(b) to an acceptable standard;
(c) repeatedly; and
(d) within a reasonable time period.
Regulation 4(4) of the main PIP regulations provides -
a. "safely” means in a manner unlikely to cause harm to [the claimant] or to another person, either during or after completion of the activity;
b. "acceptable standard" - does it cause pain/exhaustion or fatigue - maybe you can't twist round far enough to reach everywhere;
c. “repeatedly” means as often as the activity being assessed is reasonably required to be completed; and
d. “reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity.
All four of the above criteria need to be satisfied. In addition, Reg 7 provides that you need to consider what happens ‘on over 50 per cent of the days.'
Gary
It's not a question I have been asked before, my first thoughts, Reg 4(2)A Personal Independence Payment Regs 2013 stipulates that all Personal Independence Payment descriptor activities have to be done ‘reliably’ namely
Where [a claimant's] ability to carry out an activity is assessed, [the claimant] is to be assessed as satisfying a descriptor only if [the claimant] can do so -
(a) safely;
(b) to an acceptable standard;
(c) repeatedly; and
(d) within a reasonable time period.
Regulation 4(4) of the main PIP regulations provides -
a. "safely” means in a manner unlikely to cause harm to [the claimant] or to another person, either during or after completion of the activity;
b. "acceptable standard" - does it cause pain/exhaustion or fatigue - maybe you can't twist round far enough to reach everywhere;
c. “repeatedly” means as often as the activity being assessed is reasonably required to be completed; and
d. “reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity.
All four of the above criteria need to be satisfied. In addition, Reg 7 provides that you need to consider what happens ‘on over 50 per cent of the days.'
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anto
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1 month 5 days ago #300459 by Anto
Replied by Anto on topic PIP mobility-part of the day
Hi Gary
Many thanks for the very helpful reply. You have set it out very simply which is a great help for me and is much appreciated.
Reliably, repeatedly to an acceptable standard appear to be the most relevant here, for me personally.
I am in the middle of sending review forms back and will definitely update this when or if I get some sort of outcome that is relevant.
Thanks again for your own and other superb contributors to this fabulous website.
Anto
Many thanks for the very helpful reply. You have set it out very simply which is a great help for me and is much appreciated.
Reliably, repeatedly to an acceptable standard appear to be the most relevant here, for me personally.
I am in the middle of sending review forms back and will definitely update this when or if I get some sort of outcome that is relevant.
Thanks again for your own and other superb contributors to this fabulous website.
Anto
The following user(s) said Thank You: Chris
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