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Moving around question

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1 week 6 days ago #301376 by Connie
Moving around question was created by Connie
Hi everyone. A relative has had several strokes and epileptic seizures yet overtime he has recovered enough and can manage to walk more than 200 metres, which the DWP form says you will get no points. However, the side effects from a stroke or seizure does affect them as does their physical health condition. That said, they do have issues with moving around because they're partially sighted and not being able to see the obstacles, and other things a person with eyesight can avoid outdoors. Does this mean that he will not receive the mobility part of PIP? Thanks for reading.

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1 week 6 days ago - 1 week 6 days ago #301388 by LL26
Replied by LL26 on topic Moving around question
Hi Connie,
Walking is not an absolute maximum walk till you drop test. There are 4 criteria that all need to be met, and may therefore affect what is actually your walking ability under PIP.
The criteria (Regulation 4(2A)) apply to all of the descriptors across Daily Living and Mobility.
• safely
• acceptable standard
• reasonable time
• repeatedly
If the activity could give rise to a risk of substantial harm then it is unlikely to be safe. In terms of walking, stumbling, actual falls, leg giving way etc could all end up badly and would no doubt constitute such risk. Poor eyesight with a risk of tripping over things, or worse still not noticing a car would also give rise to a risk of substantial harm.
Acceptable standard is basically doing the activity in a reasonable manner. In terms of walking this might be not walking in a straight line, but as with all PIP activities can also comprise pain. Any walking done with significant pain must be disregarded - this could give rise to a potentially large actual walking distance, for someone who keeps walking despite pain but a very small PIP distance. Fatigue and breathlessness may also fall within not being 'acceptable '.
Reasonable time - over twice that of non disabled person - so slow speed is relevant. Repetition is crucial, and may be caused by any or all of the other 3 criteria or other reasons.

All activities have to be able to be done several times per day. Each act will have its own rate. The key is to consider how many times you actually need to repeat the PIP descriptor task, or would wish to if able bodied. In terms of walking, consider that even if you go out somewhere in the car, there will be a short few steps at the start and end of each car journey walking to and from a building. This could be a possible day- can you do all of these kinds of journeys?
Take kids to school
Go home
Go to post office get stamps
Get birthday card from card shop Go home Go to post box to post card
Pick up kids
Take them to karate
Go home
Go to Aunt's House....
All of these journeys by car with small walks need to be done. If you can't do all of these then you can 'repeat'. Pain, fatigue, slow speed, and not being safe are all reasons why you can't repeat. It may well be that you just avoid the activity because it is too difficult!
If your friend has better days, only the majority of days count. More importantly any day when you aren't safe/acceptable/are too slow and or can't repeat will NOT count towards the majority amount.
Please also think about the Planning & Following Journeys Descriptor.
Does your friend need to be accompanied on all journeys in order to stay safe? (This could be due to poor sight, but also in respect if seizures if these are still possible. Remember that the risk of harm can be for everyday, even if seizures occur rarely- if a seizure occurs and you fall there is a clear risk of substantial harm!) Even if someone does go out unaided, again as with all descriptors the important factor is whether help is reasonably required, not whether it is actually provided. If you aren't safe etc, then help is required, and thus you should score points, potentially for needed to be accompanied on familiar (and unfamiliar) journeys.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 week 6 days ago by LL26. Reason: Omission

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1 week 6 days ago #301394 by Connie
Replied by Connie on topic Moving around question
Hi LL26. Your reply has given us both the confidence to carry on filling the form in as we were losing hope and motivation to continue because we thought they wouldn't qualify for the criteria for the moving around because they can walk further than is stated. Am I correct in thinking that it's okay to explain everything about the hazards they face on a daily basis and why it isn't safe for them? Thank you LL26 for your response and support.
Connie.
The following user(s) said Thank You: LL26

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1 week 6 days ago #301399 by LL26
Replied by LL26 on topic Moving around question
Hi Connie,
As with all the 4 'reliability ' criteria, if someone is not safe then their walking ability is zero, or at whatever distance they become unsafe. (EG leg always gives way after 20 m - then the distance might be 20m, but could still be less if you can't repeat, have significant pain or walk too slowly etc.)
Certainly describe the manner of walking and what happens. Describe near misses eg a car screeching to a halt because your friend hasn't seen it. Describe falls, injuries and the number of stumbles. Maybe there have been instances of wrong buses etc.
Describe the problems and the consequences with examples.
Also relevant would be accidents in the home due to the same health conditions, as this shows the problems affect all areas of life. This may suggest daily living descriptors also apply.
Describe everything!
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Connie

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