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Achieving 12 Mobility points

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3 years 3 months ago #266140 by daffodilllady
Achieving 12 Mobility points was created by daffodilllady
I'm a friend/advocate for a lady with a severe learning disability. She is unable to read and does not go out alone. Her knowledge of geography, even of her own locality, is virtually non-existent. That all said, I cannot get her past 10 points on the PIP review for Mobility. I am intending to appeal but am looking for any pointers/tips from others in the same or similar position. Many thanks. Shirley

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3 years 3 months ago #266142 by LL26
Replied by LL26 on topic Achieving 12 Mobility points
Hi Daffodilllady,
Presumably your friend doesn't have any actual physical walking issues?
To achieve 12 points you would need to show that she can not follow the route of a familiar journey. This also means that she cannot follow an unfamiliar journey either.Your friend does not go out alone, so that tends to show that Descriptor 1f should apply.
There are 4 criteria that apply to all descriptors ( all have to be satisfied.)
These are safety, acceptable standard, repetition and reasonable time.
This in turn means that if you can't fulfil all 4 requirements you should score the relevant points for the activity. If one or more descriptors in any section apply the highest points score is the correct one.
Safety - is there a risk of injury, how likely is that risk? Even if the possibility of injury is remote, if the risk is substantial then it is likely the activity isn't safe. A good example is a person with occasional epileptic fits who argues he should be supervised whilst bathing. Not much chance of a fit, but could be fatal if he did have one. He should score points for needing supervision whilst bathing.
Acceptable standard - this is more difficult to relate to planning journeys etc. Someone who could dress themselves but has put socks on over shoes and a shirt back to front wouldn't achieve this standard. It's basically the normal you would expect. It might overlap with taking a reasonable time, which is no more than twice the time for a non disabled person, so if your friend would get lost and take an age to get back this could score points. It might be coming home without being upset, it could be arriving with clothing, handbag etc all intact? Of course actually being able to complete a journey must also come within acceptable standard and time criteria.
Finally repetition- this might not apply, but could comprise points eg if your friend has so much difficulty going out that she can't do it again eg later the same day or week as required.
There was also a recent case that discussed avoidance- if someone avoids an activity because it is too difficult eg a deaf lady avoiding crowded rooms this could comprise eg points for communication. Or wearing pull-on easy clothes shows that you need help with dressing. Another such case involved avoiding going out -if your friend avoids going out because no one can go with her this could indicate the need for her to be accompanied.

What happens when your friend goes out alone? Why doesn't she? Has something awful happened before? Why does she need help? If you do this analysis bearing the 4 criteria above this might help show why 12 points could be awarded.
I hope this helps.
LL26

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

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3 years 3 months ago #266143 by Gary
Replied by Gary on topic Achieving 12 Mobility points
Hi daffodilllady


Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with your friend leaving the house to go somewhere, they will be interested in the things that stop them doing this. You need to show that they would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems your friend would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent them from doing this? This is different from undertaking a journey, in fact, if they cannot undertake a journey then they will not score points for following one and vice versa.

You will need to prove that they have a cognitive or sensory impairment in order to score here.

Also, have a look at the following;

You are not required to walk pain free but any pain that restricts the distance that your friend 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 friends walking is more restricted but things you need to think about is what they can't do, for example where can they walk in their house, how far is the toilet from where they normally sit, things that will count against them are any trips that they make outside, so for example, how do they do their 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 they can do, how they are limited and why.

If you have any further questions, please come back to the forum.

Gary

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