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PIP Decision Today Very Puzzling And Disappointing

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6 years 3 months ago #203671 by Andy
Transferred from indefinite (since 2001) DLA High Mobility Middle Rate Care. Followed all advice on this site as member. Decision today is Standard Care NO mobility! I was livid at my assessment having been advised it was on the level, I had to walk with my stick up a ramp inside the building to get to the lift, kept stopping as in agony. Had carer to help. Yet decision letter more or less admits they're assuming I can walk between 50 and 200 metres! I'm rather gobsmacked. I have degenerative disc disease following unsuccessful surgery and prescribed Morphine, Tramadol, Naproxen. I told the Assessor I was in agony and all that week I was laid up due to the exertion on the day. I was very drowsy yet he said I was alert! My carer who is also my partner, is also dumbfounded. I would really appreciate any helpful advice by forum members and Happy New Year to all.

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6 years 3 months ago #203683 by Gordon
Andy

You will have been observed walking to and from the Assessment Centre, so you need to consider what the assessor may have seen, which may counter any arguments that you might make.

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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6 years 3 months ago #203797 by nairn62
My HP stated I could walk 25 metres in 3 minutes. In fact, they saw me shufle 10 metres in 3 minutes, and yet my MR was disallowed.

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6 years 3 months ago #203925 by Andy
Coincidentally, my ESA review happened at the same time, GP report requested and completed by another GP (mine was on holiday). In it he stated I have severe mobility problems. Upshot, put back in Support Group without medical. My GP is incensed with PIP decision, told me to request HP report and book a double appointment with her so we can go through it. By the way, in reply to Gordon, I was helped out of the car by my carer into the building and I hope I was observed, on CCTV because it took me around 10 times longer, with long breaks to reach the building.
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