× Members

PIP mobility

More
6 years 10 months ago #191420 by DRAGON2009
PIP mobility was created by DRAGON2009
I am almost certainly about to make a mandatory recnsideration request. I had a preety fair assessment and got standard rate daily living missing out by one point on enhanced but I got just 4 points for mobility (prompting) but no physical points. I have lower limb issues which are biomechanical and cause pain when I walk . Now I have told them that on occasion and with lots of rests I can do up to a mile but that I usually experience severe discomfort within 200 metres I have been under podiatry for a few years and they occasion ally reassess and remake insoles. They havediagnosed with with mechanical pain dur to pathmechanical issues. The assessor said I can manage the distance of 200 metres as I managed to sqaut and was seen doing 30 metres at the centre,. The decision letter says as I have no medication and can do up toi a mile on occasion that I cmanage 200 metres.
Am I battinga sticky wicket arguin g a lack of mdication is not relevant and that sporadic pereformanxces of a mile in sengments with rests does not mean I do not have pain before 200 metres ?

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #191460 by Gordon
Replied by Gordon on topic PIP mobility
XFACTOR

It's your decision but be aware that you are not required to walk without pain, but any pain that limits the distance you can walk should be taken into account, also you must be able to walk a distance reliably and on the majority of days.

However, your statement that you can walk a mile will definitely count against you, even though you mention rests and there may be other factors such as the speed of your walking, the test is all about distance and you have said that you can manage more than 8 times the maximum distance that PIP considers.

Gordon

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.

More
6 years 10 months ago #191482 by DRAGON2009
Replied by DRAGON2009 on topic PIP mobility
Thank you Gordan

I appreciate the difficulty of the position, thank you for emphasizing the potential issue there. It makes me wonder whether I could ever succed with it and whether that is worth me arguing at all. However as regards mobility activity 1 e ( difficulties planning/following journeys) I used to get LR mobility uinder DLA for many years on basis of panic in unfamiliar places
Am I right in thinking that the statutory instrument active from March takes away the possibioluity of 10 points for 1e or is it feasible to argue that (if they agree this problem is demonstrated (that of the planning/following) the claim bein g made before the statutory instrument the law as applied by the UT at the end of last year/eary this year) should be applied ? Presumably they would say it DOES NOT and in such event a trib unal would have to decide. Presumably B and W have not encountered anyone gettoing these points since that change ?

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #191493 by Gordon
Replied by Gordon on topic PIP mobility
XFACTOR

There were no changes to 1e in March, the wording is still the same and criteria are still the same.

However, I suspect that you will be caught out again by your walking. Whilst it is possible to argue that "cannot" does not mean "never" due to the need for the task to be done reliably, if you are regularly walking outside then I think you will struggle to score the 10 points.

Perhaps if you walk outside at 3am to avoid the possibility of meeting others you may be able to argue that you meet the criteria, but you will need to reconcile the reasons why you cannot go out with the fact that you do.

Gordon

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.

More
6 years 10 months ago #191496 by DRAGON2009
Replied by DRAGON2009 on topic PIP mobility
Thank you Gordan. They gave me 4 points for prompting . But the evidence was it seems accepted that I have one walking route, a quiet farm lane close to home a couple of times a week . I hope that does not compare to open unfamiliar routes ?
I'm half tempted to keep my head down and stay with the standard daily living but over 15 years of LR mobility makes me think its worth a shot

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #191507 by DRAGON2009
Replied by DRAGON2009 on topic PIP mobility
I think I got it wrong, I mean the 8 point descriptor in relation to unfamiliar routes (overhwheleming distress) I am sure that was removed by the statutory instrument and so the issue woiukld be not only is the evidence of those issues accepted but is a claim pre statutory uinstrument change considered on its merits or are they likely to apply the change restospectively

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.