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Advice Required for PIP Moving Around Question
- Waxwing
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2 years 3 months ago #274220 by Waxwing
Advice Required for PIP Moving Around Question was created by Waxwing
I would like this to be a confidential post please because it contains sensitive information that my brother wants to keep private
Hello
I am helping my brother with a new claim for PIP. He has Kyphoscoliosis, serious spinal osteoperosis and osteoarthritus in both hips. My brother is putting together a new claim for PIP after he cancelled his claim in May because of his ill health. He is having problems with the Mobility Moving Around activity. In March 2022 he went with his father in the car to Aldi in the evening when it was quiet. They parked close to the enterence so it was not far for him to walk and they both went into the store for a few minutes to look at some shoes then they came out and went straight back home again. When my brother came home he experience a massive sudden sharp pain in his spine and he was unable to move. It almost made him sick. He went to lie down but this did not ease the pain. Cutting a long story short he had to contact the doctors who put him in touch with a physio and she explained he might have aggravated a existing spinal fracture. Moving on 5 months he had an X-ray on his spine and it confirmed that an existing spinal fracture had deteriated.
His question is should he mention the fact that he went to Aldi because the assessors like to use supermarkets and large shopping areas as justification that a person can walk more than 50m. He is worried that if he mentioned Aldi that would start to raise red flags and go against what he is claiming which is "Can stand and then move unaided more than 20 metres but no more than 50 metres."
He has also asked if he should include how far he can walk in meters (example 15 meters) before pain gets to a significant level. He also does not stop when the pain gets severe because stopping to rest does nothing to ease the pain so he keeps walking through the pain but at a slower pace. Will not stopping to rest go against his claim?
Thank you kindly in advance for your time and assistance.
Waxwing
Hello
I am helping my brother with a new claim for PIP. He has Kyphoscoliosis, serious spinal osteoperosis and osteoarthritus in both hips. My brother is putting together a new claim for PIP after he cancelled his claim in May because of his ill health. He is having problems with the Mobility Moving Around activity. In March 2022 he went with his father in the car to Aldi in the evening when it was quiet. They parked close to the enterence so it was not far for him to walk and they both went into the store for a few minutes to look at some shoes then they came out and went straight back home again. When my brother came home he experience a massive sudden sharp pain in his spine and he was unable to move. It almost made him sick. He went to lie down but this did not ease the pain. Cutting a long story short he had to contact the doctors who put him in touch with a physio and she explained he might have aggravated a existing spinal fracture. Moving on 5 months he had an X-ray on his spine and it confirmed that an existing spinal fracture had deteriated.
His question is should he mention the fact that he went to Aldi because the assessors like to use supermarkets and large shopping areas as justification that a person can walk more than 50m. He is worried that if he mentioned Aldi that would start to raise red flags and go against what he is claiming which is "Can stand and then move unaided more than 20 metres but no more than 50 metres."
He has also asked if he should include how far he can walk in meters (example 15 meters) before pain gets to a significant level. He also does not stop when the pain gets severe because stopping to rest does nothing to ease the pain so he keeps walking through the pain but at a slower pace. Will not stopping to rest go against his claim?
Thank you kindly in advance for your time and assistance.
Waxwing
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- Gordon
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2 years 3 months ago #274240 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice Required for PIP Moving Around Question
Waxwing
I don't see any reason why the trip to Aldi needs to be mentioned. he is being assessed on his current condition not how he was and what he could do some months ago.
As to distance; first, think about what he can do on the majority of days, secondly the distance is what he can do before pain stops him continuing or the point his walking is not to a necessary standard this would include continuing to walk despite suffering severe pain.
Lastly think about the time it take him to walk a give distance, is it more than twice the time a healthy person would take? Can he repeat the distance? Can he walk safely; being in pain for a period after he had stopped would cover this?
Gordon
I don't see any reason why the trip to Aldi needs to be mentioned. he is being assessed on his current condition not how he was and what he could do some months ago.
As to distance; first, think about what he can do on the majority of days, secondly the distance is what he can do before pain stops him continuing or the point his walking is not to a necessary standard this would include continuing to walk despite suffering severe pain.
Lastly think about the time it take him to walk a give distance, is it more than twice the time a healthy person would take? Can he repeat the distance? Can he walk safely; being in pain for a period after he had stopped would cover this?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 3 months ago #274252 by Waxwing
Replied by Waxwing on topic Advice Required for PIP Moving Around Question
Hello
Thank you kindly for your help and advice Gordon it is most appreciated.
Waxwing
Thank you kindly for your help and advice Gordon it is most appreciated.
Waxwing
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2 years 3 months ago #274461 by Waxwing
Replied by Waxwing on topic Advice Required for PIP Moving Around Question
We are still having problems with the activity of moving around. My brother does not get out much so he is finding it difficult to write down how far he can walk and how long it takes him to walk that distance outside before he gets significant pain and breathless because he is in chronic pain and discomfort all of the time.
We have described that he cannot repeat the activity again the same day and that there is a significant risk to his safety when waking out.
How would he best describe how far he can walk and how long it takes him if he gets questioned by an assessor.
Thank you in advance for your assistance.
We have described that he cannot repeat the activity again the same day and that there is a significant risk to his safety when waking out.
How would he best describe how far he can walk and how long it takes him if he gets questioned by an assessor.
Thank you in advance for your assistance.
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- Gary
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2 years 2 months ago #274482 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Advice Required for PIP Moving Around Question
Hi Waxwing
Think about the following
he is not required to walk pain free but any pain that restricts the distance that he can walk should be taken into account.
Specifically for the Moving Around activity, if he is able to walk but he is in severe pain when doing so, then he can argue that his walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if your brother has problems getting up then you should document these as well.
If he walks slowly then it must take him at least twice the time to cover the distance as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop.
You must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what he can't do, for example where can he walk in his house, how far is the toilet from where he normally sit, things that will count against him are any trips that he can make outside, so for example, how does he do his shopping?
He must be able to walk the distance he can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
benefitsandwork.co.uk/guides-for-claimants/pip
So you need to explain what he can do, how he is limited and why.
Gary
Think about the following
he is not required to walk pain free but any pain that restricts the distance that he can walk should be taken into account.
Specifically for the Moving Around activity, if he is able to walk but he is in severe pain when doing so, then he can argue that his walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if your brother has problems getting up then you should document these as well.
If he walks slowly then it must take him at least twice the time to cover the distance as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop.
You must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what he can't do, for example where can he walk in his house, how far is the toilet from where he normally sit, things that will count against him are any trips that he can make outside, so for example, how does he do his shopping?
He must be able to walk the distance he can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
benefitsandwork.co.uk/guides-for-claimants/pip
So you need to explain what he can do, how he is limited and why.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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2 years 2 months ago #274500 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice Required for PIP Moving Around Question
Waxwing
IN addition to Gary's advice, get a tape measure and check the length of the longest straight path in your house then get your brother to walk the distance until they need to stop, time how long and work out how far he walked. Repeat as he can, also at different times of the day so you get a pictuire of what he can do.
Failing that, measure the distance that he can travel in the house and how long it takes, for example; from where he normally sits to the toilet.
Gordon
IN addition to Gary's advice, get a tape measure and check the length of the longest straight path in your house then get your brother to walk the distance until they need to stop, time how long and work out how far he walked. Repeat as he can, also at different times of the day so you get a pictuire of what he can do.
Failing that, measure the distance that he can travel in the house and how long it takes, for example; from where he normally sits to the toilet.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Waxwing
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