Descriptor 7e and Moving around 2f

Hi Nuur

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 Moving Around activity is fundamentally about the distance that the claimant can move (walk), you've indicated several times that despite the pain you can walk for about two minutes, a person walking very slowly would be expected to walk at least 50m in this time, which is consistent with what appears to have been written in the Decision report.

You need to concentrate on why you cannot walk reliably.

First, you have a decision to make, go for the 20m descriptor and an Enhanced award or 50m and a Standard one.

Someone who is limited to 20m would be expected to have problems moving around their house, as an example; our downstairs toilet is 7.5m from where I normally sit, I struggle to walk this even with the obvious break in the middle and have to sit for at least 15 minutes before I could repeat the trip. Can you show that you are similarly limited?

In either case, look at the four reliability issues.

Safely - you could argue that being in pain while walking means that you are not doing it safely, especially if you are unsure on your feet as a result of it.

To a necessary and appropriate standard - again you could argue that being in pain while walking means that you are not doing so to an appropriate standard, there is Case Law in this area.

Repeatedly - can you walk a distance again and how long would it be before you could?

In a timely manner - as mentioned by others measure the distance accurately and time yourself walking it, most mobile phones can provide a timer, and Google maps can calculate distances. The time taken includes any stops that you make during the walk but not at the start or the end.

The Communicating activity is about the claimant's ability to speak to speak in a way that people will understand and also to understand what other people are saying to them. An obvious example would be someone who is deaf or mute but it is possible to score due to cognitive or mental health issues as well.

there are also definitions for Basic and Complex verbal information, with the former being a simple sentence and the latter covering a complex sentence or multiple sentences.

The context is not considered, just the capability.

You should probably tick “Yes” if:

* you need to use something to help you hear people - for example, a hearing aid or amplifier
* you need to use something to help other people understand you - for example, an electro larynx or a pen and paper
* you need to use something else to help you at home, for example a light-up doorbell or textphone
* you use an aid either all the time or sometimes
* you need an interpreter or signer
* a friend or family member fills in the gaps in conversations
* you lip-read
* you have autism and find it difficult to communicate with people
* you have Tourette’s syndrome
* your medication makes it difficult to concentrate on a conversation
* you need help but don't get it

Have a look at our guide to help you with your form: www.benefitsandwork.co.uk/help-for-claimants/pip

Gary

Hi Nuur

You would need to explain what you mean by a sudden attack, what effect it has on you and how long the effect lasts.

I was at a tribunal a few years ago with a claimant who had a rare condition and they would collapse without any warning, there was no trigger, it could be caused by a draugh or stress, it was not going too well at the tribunal, they asked us to go outside whilst they deliberated as we got up the client collapsed, a ambulance had to be call and they were taken to hospital. We did win the appeal.

Gary

Hi Nurr

We're not assessors, and we don't have knowledge of your case so it's impossible for us to say accurately whether someone will score for a particular item. You have made it very clear how badly you are affected by your vestibular migraines and the devastating impact of these. Make it clear the frequency, the length of the attacks and the impact, just as you have done so above. Also make it clear that after during the attack there is a clear safety issue and you could not be expected to repeat the walking afterwards, because of the after-effects.  It's important as Gary says to make it clear why you can't walk reliably and you are not able to walk safely because of the condition.

BIS