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DLA to PIP Moving Around Question

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5 years 7 months ago #216229 by TwistedWitch
DLA to PIP Moving Around Question was created by TwistedWitch
Hi,
I am in the process of filling out the dreaded PIP form to hopefully transfer over from DLA. I have a question on the Moving Around question and the distances involved.

I have osteoarthritis in both hips, but worse in the right hip. I also have COPD and get breathless, or rather did when I could actually walk, if I tried to walk any distance or even at a reasonable speed. However, I have recently lost 3 stone which has made a difference to my breathlessness, but by how much I can't honestly assess myself because of my hip issues.

I attended an Oxygen Assessment Appointment in early July as my SATs had been considered to be low. I explained at the start that there is no way I could walk for 6 minutes, as I doubted I could walk for 1 minute, but because I knew that in order to assess me I had to make every effort I started the test. I had to lean heavily on a walking stick and stop several times, and was encouraged throughout by two of them prompting me on, but by 3 minutes of this I had to give in and stop. But apparently in that time I covered 60 metres!

I asked for a copy of the Respiratory Nurse's report and in that she incorrectly states that I walked for 6 minutes and covered 60 metres with stops. She also states that I advised the pain in my hip was preventing me from walking and not my breathing during the assessment.

She then goes on to comment that 'her main issue appears to be the pain in her hip, which is preventing her from mobilising longer distances which she hopes will be replaced in the near future'. That is not exactly what I said, I actually said I was awaiting an appointment for an assessment to see if I was suitable/qualify for replacement surgery.

So sorry for the pre-amble ramble, but my question is. Should I send this report as part of my medical evidence. I am torn. On the one had it says that I was able to walk 60 metres, but on the other it says I took 6 minutes to do it (I did only walk for 3 why she has put 6 I have no idea). I also pushed myself beyond what I am normally capable of, on what was a reasonable day pain wise. I am often unable to literally put one foot in front of the other without extreme pain!

In your experiences, do you think that a DM will pay proper attention to this report and see that although I did manage the distance that puts me beyond points for mobility (50 metres being the max distance) that I did so ONLY to complete an important assessment and that it also took me 6 times longer than the average normal person takes to walk the same distance. As I understand the criteria if it takes me twice as long it is considered I cannot do that activity. But I am scared they will just see the 60 metres and that's it. Failure!

I can, of course, not send the report, and hope that if they contact the GP he doesn't mention it, but as it was so recent I fear that he will use it to base his information on too. Or should I send it but STRESS that it was an unusual circumstance but in any event it took me 6 minutes to complete the 60 metres, and then go into how much pain I suffered when I got home etc. etc.

Any advice would be much appreciated.

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5 years 7 months ago #216257 by Gordon
Replied by Gordon on topic DLA to PIP Moving Around Question
TwistedWitch

First of all, remember that you must be able to complete each PIP activity "reliably" and "on the majority of days" to be considered as being able to complete the activity successfully and without a problem. See the PIP Claim guide for more details.

www.benefitsandwork.co.uk/help-for-claimants/pip

I'm afraid I can't judge whether this report is going to do more harm than good, this is really something that only you can make a decision on. I can say that walking 60m in six minutes, or 10m per minute, whether you walked this distance or not is significantly slower than the 72m per minute that a healthy person should be able to manage with ease.

Also, walking in severe pain should be considered as not walking to a necessary standard. There is Case Law to support this.

If you do send the report then I would not comment on it's comments as you are simply drawing attention to any areas of concern.

Gordon

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

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5 years 7 months ago #216286 by TwistedWitch
Replied by TwistedWitch on topic DLA to PIP Moving Around Question
Thank you Gordon. I have a few days to make up my mind about it. It's just smacking me in the face that the reports states 60 mtrs, and I am scared that is all a DM will see in their haste to deny me any award.

I got caught out once before by a medical test that was not factual, and it followed me around for about ten years and through two DLA appeals, and I don't want to go down the same route again.

In the case of the Oxygen test I pushed myself well beyond my normal limits as I was scared that I was in need of oxygen. and to just refuse to even try the test I thought might be putting my overall health at risk, but I'm not sure a DM will see that.

Can I ask another question please. How do they tend to view typed 'extra pages' mine are running into very long sheets and my poor Daughter has to fill this out by hand and last time round it took her the best part of a full day to do so. If we could just have the extra pages typed it would save her poor hand as well.

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5 years 7 months ago #216301 by Gordon
Replied by Gordon on topic DLA to PIP Moving Around Question
TwistedWitch

It is perfectly OK for you to type your answers and attach them as extra pages to the PIP2, just make sure that each page has your full name and NIN at the top and that they are numbered, we recommend "page X of Y" so that it is easy to see if pages are missing. Make sure you clearly mark on the form where your answers are and on the relevant page that you are answering question X.

Attach the pages to the back of the PIP2 using a staple or make a hole in the top left corner and use a treasury tag, string or ribbon to the form. The pages need to be easily detached so that they can be scanned by the DWP.

Gordon

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

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