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What does medically reasonable mean?
- Beragon
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6 years 7 months ago #197514 by Beragon
What does medically reasonable mean? was created by Beragon
I have just received my PIP 7001 form - PIP Ive looked at your claim and cant award you PIP. I did score points in various places, but not enough to give me any money. I am now doing my Mandatory Reconsideration and will appeal if necessary.
Under the section Moving around on my PIP 1003- How your disability affects you form, I ticked the box Q14a between 20 and 50 metres and said in Q14b that I used a walking stick and further explained in Q14d that my disability caused me great pain in moving around and I have been diagnosed with peripheral neuropathy.
At the health assessment in Bristol ( I have the PA4 form from ATOS ) I was observed walking slowly and in 'discomfort' for 10 metres. However on the descriptor box the assessor ticked box b ( more than 50 metres but no more than 200 metres, ) which gave me only 4 points. I think she should have ticked box d ( more than 20 but no more than 50 metres aided ( my stick ) and goes on to say it is reasonable to suggest I can move 50 to 200 metres aided.
On the PIP 7011, this term 'reasonable" has been changed to "medically reasonable' What do these two terms mean in plain English especially the medically reasonable term.
As they seem to be relying on these term to avoid giving me the benefit I need I could really do with some help, so I may be able to challenge them in the Mandatory Reconsideration.
Thanks
Beragon.
Under the section Moving around on my PIP 1003- How your disability affects you form, I ticked the box Q14a between 20 and 50 metres and said in Q14b that I used a walking stick and further explained in Q14d that my disability caused me great pain in moving around and I have been diagnosed with peripheral neuropathy.
At the health assessment in Bristol ( I have the PA4 form from ATOS ) I was observed walking slowly and in 'discomfort' for 10 metres. However on the descriptor box the assessor ticked box b ( more than 50 metres but no more than 200 metres, ) which gave me only 4 points. I think she should have ticked box d ( more than 20 but no more than 50 metres aided ( my stick ) and goes on to say it is reasonable to suggest I can move 50 to 200 metres aided.
On the PIP 7011, this term 'reasonable" has been changed to "medically reasonable' What do these two terms mean in plain English especially the medically reasonable term.
As they seem to be relying on these term to avoid giving me the benefit I need I could really do with some help, so I may be able to challenge them in the Mandatory Reconsideration.
Thanks
Beragon.
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- Gordon
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6 years 7 months ago #197527 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What does medically reasonable mean?
Beragon
I would treat it as meaning the walking distance is consistent with your conditions, in their opinion.
If you are going to argue that you walking is more restricted then consider the following
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.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
I would treat it as meaning the walking distance is consistent with your conditions, in their opinion.
If you are going to argue that you walking is more restricted then consider the following
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.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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