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2 years 2 months ago #274559 by LL26
Hi frmarcus,

Regarding your comment about being asked about walking time rather than distance, is somewhat erroneous.
Whereas Mrs Slow might only achieve say 20m in 5 minutes.
Mr Faster might get to 60m
Mr Quick could achieve 200m.
However all of these people fit within the descriptor distances, at different levels. All of them say 'I can walk for 5 minutes'.
What about Mr Speedy who can get 300m in 5 minutes? He also says 'I can walk for 5 minutes.'

Given that mobility points for walking are determined on distance not time, knowing how much time someone walks isn't necessarily going to be helpful in determining the walking distance. It is however relevant to repetition, and also reasonable time. You need to ask all the rekevant questions to be able to assess the correct distance appropriately!
LL26

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2 years 2 months ago #274587 by frmarcus
LL26: Thanks; I agree. I was, I think, clear in why I considered I can reliably walk no more than 200m per fibromyalgia, chronic fatigue syndrome, and osteoarthritis (consultant-diagnosed), inc 'full marks' awarded by local authority for blue badge assessment and award. This ought to be decisive, so I'm unclear why - as you say - time and not distance was probed. At best it's a waste of time discussing; at worst it's evasive of the correct criterion for that activity. LA criteria are very strict for badge award and it seems to me as demanding as PIP mobility criteria for enhanced award on physical impairment grounds - thus in this instance either LA was wrong of PIP is scoring is wrong if the points are unawarded.

Should the 4 pts for that descriptor be unawarded I can only waste more time appealing.

Thanks again!
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2 years 2 months ago #274794 by frmarcus
Now have report. This is the second full PIP assessment and one for which I have an additional chronic diagnosis - but I've been given fewer points than last time and no award if DWP accepts!

All conditions are chronic and deteriorating - yet descriptors I was awarded for last time have received 0 points. This is so disappointing and contradictory. I don't see how being four years older than last time and objectively more disabled per gradual deterioration of chronic conditions as well as an additional diagnosis of (chronic fatigue syndrome) can reasonably produce fewer points.

I have had a blue badge (maximum points given by local authority at assessment) since last PIP assessment yet only *just* get the same 4 pts for 'moving around' (ie, these now only given on reliability grounds), when the same award was given last time for consistent limitation, not just unreliable non-limitation.

So according to this report my general functional impairment is less than it was several years ago when it was significantly better.

So annoying to have to go to MR/appeal over this...

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2 years 2 months ago #274795 by BIS
Hi FRmarcus

I'm sorry to hear that this has happened to you. Do have a look at the Guide to PIP Appeals, which will help you put together your MR. The DWP are supposed to explain why they think your condition has improved since last time in order to justify scoring you less than before.

BIS

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2 years 2 months ago #274797 by frmarcus
BIS: Thanks; I will. I know this sort of outcome's typical. Part of the problem may be that I was treated for a large part in the Armed Forces, and I've found DWP aren't as engaged with its medical support as they are NHS. This opposes the Military Covenant. Many veterans have had such issues.

It's useful to know that they should justify 'improved impairment' when reducing score since last assessment. Is that written somewhere in DWP's/tribunal's regs or case law, please?

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2 years 2 months ago #274800 by LL26
Hi frmarcus,
I don't suppose that you receivexa guarantee payment as a result of being injured whilst in the Services?
If so you can claim AFIP, the armed services version of PIP

Eligibility
You’re eligible if both of the following apply:

you were injured on or after 6 April 2005
you’re given a Guaranteed Income Payment (GIP) of 50% or more
www.google.com/url?sa=t&source=web&rct=j...8PaaCPAYxQhInSaNEVHG

Did you claim any compensation? I have no idea if you are eligible but it may be something wort looking into. Y
If you qualify for AFIP contact Veterans Uk on the number in the linked page. It is the Veterans version of DWP but it is much more user friendly!
British Legion, SSAFA or a local law/advice centre may be able to give you more detailed advice.
I hope this helps.
Ps I'm sorry that your assessment wasn't particularly good.
LL26

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