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DLA to PIP
- entmoot
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6 years 1 month ago #208476 by entmoot
DLA to PIP was created by entmoot
I use crutches for short trips, general from the car to a house or building. For longer distances I use a wheelchair which I am unable to self propel so for hospital appointments etc I need someone to lift it from the car and to push.
In October I had my face to face assessment away for the first time in 20 years. Due to the distance and busy road between the car park and assessment centre my husband took the morning off work so that he could take me and push my wheelchair.
I'm not keen on the physical examination due to the amount of pain I'm in for days/weeks afte. The assessor told me that I didn't have to agree to the physical exam and that it wouldn't make any difference to the outcome.
In December (week before Christmas) I got a call from a nurse at PIP who said she was dealing with my claim. Conversation as follows;
"You have a wheelchair, where did you get it from?" (Hospital)
"Which hospital? (Local hospital)
"Why did they give you it? (?????........ Obviously to help me get around!)
I received my decision mid January. Standard care and standard mobility ( from middle care and hit mobility 20yrs)
I never got out of my wheelchair so my walking wasn't visibly assessed and initially reported that I could walk 200m then amended it to 50 due to some evidence shed read.
Any walking I do is with pain, I emphasised this at the assessment so by rights walking should have been assessed as nil. Also stated that I don't have anxiety as I don't take medication. Following a car crash I had 5 months CBT and therapy and it was suggested by a psychologist that I would probably always have a level of anxiety around driving, which is my only way of getting around alone. I also attend weekly group meetings at MIND (not been since losing a chunk of my benefit, which has also left me struggling to find a reason to go anywhere).
MR submitted and remained unchanged. Now awaiting papers for tribunal. I've been unable to do this for myself due to anxiety and have passed it over to Welfare Rights so that I'm not constantly thinking about it.
Benefit and work self assessment scored enhanced for both parts.
In October I had my face to face assessment away for the first time in 20 years. Due to the distance and busy road between the car park and assessment centre my husband took the morning off work so that he could take me and push my wheelchair.
I'm not keen on the physical examination due to the amount of pain I'm in for days/weeks afte. The assessor told me that I didn't have to agree to the physical exam and that it wouldn't make any difference to the outcome.
In December (week before Christmas) I got a call from a nurse at PIP who said she was dealing with my claim. Conversation as follows;
"You have a wheelchair, where did you get it from?" (Hospital)
"Which hospital? (Local hospital)
"Why did they give you it? (?????........ Obviously to help me get around!)
I received my decision mid January. Standard care and standard mobility ( from middle care and hit mobility 20yrs)
I never got out of my wheelchair so my walking wasn't visibly assessed and initially reported that I could walk 200m then amended it to 50 due to some evidence shed read.
Any walking I do is with pain, I emphasised this at the assessment so by rights walking should have been assessed as nil. Also stated that I don't have anxiety as I don't take medication. Following a car crash I had 5 months CBT and therapy and it was suggested by a psychologist that I would probably always have a level of anxiety around driving, which is my only way of getting around alone. I also attend weekly group meetings at MIND (not been since losing a chunk of my benefit, which has also left me struggling to find a reason to go anywhere).
MR submitted and remained unchanged. Now awaiting papers for tribunal. I've been unable to do this for myself due to anxiety and have passed it over to Welfare Rights so that I'm not constantly thinking about it.
Benefit and work self assessment scored enhanced for both parts.
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- Gordon
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6 years 1 month ago #208495 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
Entmoot
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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 distance 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 the distance you can walk, how you are limited and why.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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 distance 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 the distance you can walk, 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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