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What to do if you believe you have been wrongly given enhanced mobility?
- LL26
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1 day 6 hours ago #307710 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic What to do if you believe you have been wrongly given enhanced mobility?
Hi Djb200,
A person's walking ability for PIP is the amount you can do
In an acceptable manner including Without significant pain or breathlessness
In a reasonable time
Safely
AND
in such a way that you can do all the sorts of repeats I mentioned previously.
Even if you can manage over 200m in one go, if this causes fatigue or pain etc and you can't do again then you don't repeat. The law provides that you only have to consider the majority of days, so if you can walk repeatedly, Safely etc over 49% days, but not for 51% you can score points at the relevant level.
If you can't do (or avoid because it's too painful, tiring etc) all the repeats ie all the instances of walking, either as an actual walk somewhere, or as an few step adjunct to a car/bus etc journey then that day is a 'can not do this day' . If all the can not days reach over 51% you should score at whatever level you can not walk or the most prevalent scoring level if more than one applies.
Please remember that the 4 criteria of which repetition is one apply to ALL descriptors. The repetition rate alters per descriptor- but if you think what either you would wish to achieve ( if non disabled) or if there are personal circumstances that require more repetitions of the relevant activity, (eg incontinence will require more toilet needs ) then this is the likely repetition rate. I believe reading may be required during all daytime, and communication could be required 24/7. If, apart from a very insignificant time you can't repeat the correct amount if times then add up each day where this happens. Does it amount to over 51% of the days, if so you score.
I hope this helps.
LL26
A person's walking ability for PIP is the amount you can do
In an acceptable manner including Without significant pain or breathlessness
In a reasonable time
Safely
AND
in such a way that you can do all the sorts of repeats I mentioned previously.
Even if you can manage over 200m in one go, if this causes fatigue or pain etc and you can't do again then you don't repeat. The law provides that you only have to consider the majority of days, so if you can walk repeatedly, Safely etc over 49% days, but not for 51% you can score points at the relevant level.
If you can't do (or avoid because it's too painful, tiring etc) all the repeats ie all the instances of walking, either as an actual walk somewhere, or as an few step adjunct to a car/bus etc journey then that day is a 'can not do this day' . If all the can not days reach over 51% you should score at whatever level you can not walk or the most prevalent scoring level if more than one applies.
Please remember that the 4 criteria of which repetition is one apply to ALL descriptors. The repetition rate alters per descriptor- but if you think what either you would wish to achieve ( if non disabled) or if there are personal circumstances that require more repetitions of the relevant activity, (eg incontinence will require more toilet needs ) then this is the likely repetition rate. I believe reading may be required during all daytime, and communication could be required 24/7. If, apart from a very insignificant time you can't repeat the correct amount if times then add up each day where this happens. Does it amount to over 51% of the days, if so you score.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Wendy Woo
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12 hours 51 minutes ago #307758 by Wendy Woo
Replied by Wendy Woo on topic What to do if you believe you have been wrongly given enhanced mobility?
Hello Anisty,
It's so interesting to read your thoughts on this topic - I have read several of your contributions to other discussions on the forum and I find your calm and positive attitude to the various difficulties faced by your offspring very helpful and reassuring.
I always feel that an award of PIP is about more than just money - it is an official acknowledgment of the extra challenges with their day-to-day lives faced by people with disabilities and their loved ones. I think this may be one reason why people get so upset when they feel they've been awarded the wrong number of points; they need their problems recognised at the correct level or it somehow negates their struggle. Conversely, no-one wants to feel limited by an overly generous decision either, particularly when their achievements have taken so much effort.
Thank you and best wishes,
Wendy
It's so interesting to read your thoughts on this topic - I have read several of your contributions to other discussions on the forum and I find your calm and positive attitude to the various difficulties faced by your offspring very helpful and reassuring.
I always feel that an award of PIP is about more than just money - it is an official acknowledgment of the extra challenges with their day-to-day lives faced by people with disabilities and their loved ones. I think this may be one reason why people get so upset when they feel they've been awarded the wrong number of points; they need their problems recognised at the correct level or it somehow negates their struggle. Conversely, no-one wants to feel limited by an overly generous decision either, particularly when their achievements have taken so much effort.
Thank you and best wishes,
Wendy
The following user(s) said Thank You: LL26
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