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Pip assessor distance and stopping

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6 years 9 months ago #191506 by abp1873
Pip assessor distance and stopping was created by abp1873
Looking for help guys , I am doing the appeal and the tribunal have sent me the papers and in this the DWP have stated as facts of the case they sent to tribunal that:

" Walking to the first halt is not all is not all that is being considered . If a person is is able to stop for a short period to rest and then continue walking, the full distance will be covered "

Is this correct ? I said in my application I needed to rest for 5 minutes but that is not always set in stone and can surfaces not be taken into account when walking as well as safely , repeatedly and majority of time.

I may only need to rest for a short period indoors on a flat surface, but is longer outdoors were surfaces are never flat ?

Your help would be appreciated .

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6 years 9 months ago #191517 by Gordon
Replied by Gordon on topic Pip assessor distance and stopping
apb

You don't mention any distances so it is difficult to give detailed advice, but one thing to look at in regard to reliability is the total time it takes you to walk a distance, if you have to stop in the middle, then any time that your are stationary should be included in the time.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 9 months ago #191521 by abp1873
Replied by abp1873 on topic Pip assessor distance and stopping
In tribunal letter the decision maker noted I stopped half way, it was 32 metres to assessment room . I understood the legislation to be from the Lords amendment by Baroness Thomas " the practice would also need to be done under varying conditions ‘safely, to an acceptable standard, repeatedly and in a reasonable time period and not just once ”.

Surely The condition of a flat surface compared to roads and pavement conditions would make this not a fair judgement ?

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6 years 9 months ago #191529 by Gordon
Replied by Gordon on topic Pip assessor distance and stopping
Apb

A single instance of someone walking is rarely conclusive evidence for an appeal panel, for example you may have been sitting for some time prior to being called to the assessment room.

What is important is the distance that you are saying that you can reliably move on the majority of days and if that distance is restricted, then why is that the case?

The Tribunal panel are used to anomalies in the assessment report , they will be interested on your capabilities in general, not on a specific day.

The test is walking outdoors but that does not mean that any walking you do indoors will not be suggestive of your capability to walk outside.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 9 months ago #191535 by abp1873
Replied by abp1873 on topic Pip assessor distance and stopping
The distance I mentioned in PIP form and assessment was 10 - 20 meters , mostly with support. I have included further letters from a GP and surgeon stating severe mobility issues and a degenerating condition in heel ankle.

The other annoyance ( One which my GP got angered with ) was the decision maker stating I am only on moderate medication , I am on Fentanyl with a dosage the equivalent of 180mg morphine daily , this then ignores the side effects & cautions like monitoring required because of a COPD / Asthma diagnosis, the medication requires a calendar and dossete box is used for naproxen , dehydrocodeine etc and I scored zero points.

They sent the tribunal ( I can only assume as evidence ) my ESA award but even though I sent them my attendances over last few years at counselling including December and on waiting list this year , dismissed my use as historic rather than recent.

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6 years 9 months ago #191537 by Gordon
Replied by Gordon on topic Pip assessor distance and stopping
Apb

As annoying as issues in the assessors and DM's repots are, you need to focus on showing that you meet the criteria to score points. Yes, you need to explain how on one day you managed a distance that was longer than your stated maximum.

As you have already posted, it is the distance that you can reliably walk on the majority of days that is being assessed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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