Do I need to have mobility to apply for a Blue badge.

Hi rocco1504

Welcome back.

You can apply directly for a Blue Badge from your local council and be assessed by them without having a PIP mobility.

Are you going to apply for a mandatory reconsideration?

BIS

Hi Rocco1504

It's obviously up to you whether you decide to go for an MR. I don't know what you originally wrote, so I can only comment on what you have said here and I could be wrong. It sounds as if you may have opened yourself up to being marked down because you have a condition that varies - and many people do that.

You say that there are times when you can't walk 50 metres. You also say that you can walk up to 100 metres before the pain or breathlessness kicks in. You know yourself but, I was surprised that with the conditions you describe, that your pain and/or breathless doesn't kick in before 50 metres and that you don't walk slower than someone who doesn't have the same condition. With the emphesema - do you not experience breathlessness almost from your first step? If what I say is a possibility and combined with the days when you can hardly walk at all, then for the majority of the time you can't walk the distance you said as per the PIP criteria. Also can you walk reliably and safely? Do have a look at the guide again to see (Page 86 onwards) if you accurately described what happens to you.

Even if you don't decide to put in for an MR - you can always put in for a change of circumstances in the future if your condition grows worse and think about how you described the issue you have.

You have to do whatever is best for you and don't think I'm pushing you into putting in an MR. I just want to be sure that you know what the issues may be.

BIS

Hi rocco1504,
I suggest that you await your forthcoming lung tests and perhaps you can ask the doctor about your walking ability. Or failing that he might well do a report confirming decreasing lung function etc. (At the very least there should be a report sent from the hospital doctor to your GP - you can use this for any MR.)

My view is that you have been confused about the correct mobility test. The correct test is not the bust a gut how far you can go test.
There are 4 criteria all of which need to be satisfied. (These apply to all PIP descriptor activities)
Safely
Acceptable standard
Reasonable time
Repetition

Safety - Is there a risk of substantial harm eg via falls, lack of balance etc?

Acceptable standard- this includes pain, breathlessness, fatigue etc - any walking done with significant pain has to be disregarded. (The same would be for breathlessness etc as well.) This has a rather odd implication that for PIP purposes your walking ability could actually be zero if you have constant pain or breathlessness etc. Not being acceptable could also comprise a poor manner of walking bumping into things (possible overlap with safety here).

Speed is also important. If your speed is over twice that of non disabled person you fail, even if you can ealj more than the 200m limit. Remember also that if you have to pause for a longer time, this may create 2 or more walking amounts. This means what you might perceive as eg 100m might be 33m if you stop twice.

Repetition is the crucial criterion. Journeys encompass a small amount of walking even when done in a car. You need to walk from the house to car and car to the next place. Repetition is all about what you would like to, or could do if non disabled.
Think about the following journeys all with a small walking element-
Take kids to school
Go back home
Go to bank
Go to card shop
Go home
Go back to post box to post written card
Pick up kids
Take kids to ballet and football
Pick up kids again
Visit aunt
Go home....
None of these journeys would be unreasonable across a day, and conceivably other journeys or 'walks' could be done.
Can you do all these potential repetition across the whole day, each day? But, being safe, acceptable and not too slow? Maybe you can, but then other days you are too tired etc you can't gi anywhere? Alternatively perhaps you have better days where you can all of these and more?
If you can't repeat all the required walks each day, being safe, acceptable and within time for the majority of days you should get points relevant to the distance you can actually repeat. In terms if safety - if you are always at risk of a fall then you may never be safe and hence walking ability is again zero - however in this instance you may score points on the planning journeys etc descriptor - need to be accompanied on unfamiliar journeys. (Which would also comprise familiar journeys hence all journeys = 12 points.)

By asking for an MR, you wouldn't normally have to undertake another assessment. It is very unlikely that you would lose the existing award- if this did occur you could appeal to the tribunal.
Normally you have 1 month after the initial decision to send in an MR letter. If you are a little bit late dye to awaiting a medical report from your specialist, don't worry, explain you had to wait for this hence the lateness. This should not be a problem if you do this.

To counter any possible DWP argument that sny new medical report refers to now, and hence not the time of decision, ask the specialist to confirm that you have an ongoing deteriorating condition (if this is so). Many conditions don't deteriorate overnight - this happens over months if not years and hence is relevant for a decision made a month or so ago.
Perhaps you can ask (or make your own) comparison from last tests and now. Include increasing medication too.

If you are approaching state pension age, if you do ask for a review in order to receive a mobility award now, the law prevents a new mobility award after this age. Additionally, if you have a standard mobility award, whilst this can continue post pension age, again the law prevents a subsequent enhanced award. Therefore it it important to ask DWP to consider mobility before you become too old !!

I hope this helps.
LL26