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PIP Activity 12.
- Petbak
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9 years 8 months ago #139650 by Petbak
PIP Activity 12. was created by Petbak
When claim form was submitted on 09/01/15 My son who has CFS/ME declared 20 to 50m. Assessment was not till 20/04/2015 and in the over 3 months he became much worse and then declared 1 to 20m which was recorded in the PA4 form at the assessment, but then justified as 20 to 50 anyway. This was the same from the mandatory reconsideration and I am now preparing an appeal and not sure how the system works if I now approach them as 20 to 50m from January until the assessment in April and then go for 1 to 20 since, or leave it until the appeal process is closed and then ask for a set aside on this point, or just go for the 1 to 20m distance in this appeal. Advice appreciated.

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- Gordon
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9 years 8 months ago #139654 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Activity 12.
Petbak
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
There are a couple of issues that your son needs to consider.
If he goes with 20m-50m, which your post suggests was applied by the Assessor then he scores 10 points and will get a Standard Mobility Award.
If goes for 1m-20m then he is aiming for 12 points and an Enhanced award.
Is there any indication on the PA4 or the Decision Makers Statement of Reasons that he should also have received, as to whether they seriously considered 1m-20m but did not allow it because he had not been suffering from the restriction for at least 3 months? If they did then he may have a good case at appeal although the issue of the 3 months will need to be addressed.
If they did not and/or he did not score the 10 points then he will have to go back to scratch and argue that he meets one of the Descriptors, I assume he is not expecting to score points for Going Out which would also count towards a Mobility award.
Walking is considered to be an outdoor activity. He needs to show he is limited in the distance he can "reliably" walk for the majority of days. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Have a look at our PIP Claim guide for more details, there is also a PIP Appeal guide and other documents that will be useful to his appeal.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
There are a couple of issues that your son needs to consider.
If he goes with 20m-50m, which your post suggests was applied by the Assessor then he scores 10 points and will get a Standard Mobility Award.
If goes for 1m-20m then he is aiming for 12 points and an Enhanced award.
Is there any indication on the PA4 or the Decision Makers Statement of Reasons that he should also have received, as to whether they seriously considered 1m-20m but did not allow it because he had not been suffering from the restriction for at least 3 months? If they did then he may have a good case at appeal although the issue of the 3 months will need to be addressed.
If they did not and/or he did not score the 10 points then he will have to go back to scratch and argue that he meets one of the Descriptors, I assume he is not expecting to score points for Going Out which would also count towards a Mobility award.
Walking is considered to be an outdoor activity. He needs to show he is limited in the distance he can "reliably" walk for the majority of days. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Have a look at our PIP Claim guide for more details, there is also a PIP Appeal guide and other documents that will be useful to his appeal.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Petbak
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