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my PIP hearing is on the 22nd august. i am scared

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6 years 8 months ago #195214 by Nisha007
need urgent advice and guidence as to how to prepare as i am fighting to get enhanced rate. due to my spinal disability which was slashed thanks to the unprofessional asseesor who did my home visit. please help me

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6 years 8 months ago #195235 by Gordon
NISHINUR

You have left this very late, any submission that you might want to make needs to be with the Tribunal Service no later than seven days before the hearing, so you basically have this weekend to so it.

To be awarded the Enhanced rate for Mobility you are going to need to show that you meet the criteria to score the 12 points that are required.

You can score the 12 points by meeting the highest Descriptors for either the Going Out or Moving Around activities, or by scoring a total of 12 points or more across the two.

You only mention spinal problems so I would expect you to only score against the Moving Around Activity, you will need to show that you cannot reliably stand and them move (walk) more than 20m on the majority of days. Can you do this?

You will need to explain why your walking is this limited, why it is limited and when it is limited. You must be able to walk reliably;, this means;

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

If it takes you twice the time it would take a healthy person to walk the 20m then you can argue that you cannot do it in a timely manner, this could be due to the speed of your walking or because you have to stop.

If having walked 20m you could not then walk another 20m due to exhaustion, pain or breathlessness then you can argue that you cannot repeat the distance.

Are there examples of your walking further that were included in the assessment report? If there are then you need to explain how you have managed these.

Gordon

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

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