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Advice on current case and where i stand legally.
- Kalem
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3 months 3 weeks ago #293708 by Kalem
Advice on current case and where i stand legally. was created by Kalem
Hello, i’ve recently been fighting pip for quite some time now and finally got a call back yesterday refusing my enhanced mobility. I already claim standard for both but have recently seeked legal advice from NBAC who have helped me build a profile to aid me in my appeal. I’m a young adult (24) who has suffered from SEVERE depression and anxiety from since i can remember. I have severe agoraphobia from being randomly attacked multiple times and recently found out i have a very rare condition which included multiple hernias located in my legs. This condition is so rare no local GP knew what it was or how to treat it. I was referred to Physio which actually made it worse. A specialist had to come all the way from london to give me answers i had been looking for. These hernias press on my nerves when i stand causing excruciating burning pain in my legs / shins restricting my ability to walk, I’ve had them since i was born and they’re progessively getting worse. They say it was a condition men would get in the war / olympic athletes which is strange as i’ve never been that sporty in my youth. Having to deal with this aswell as my mental health has been a real challenge and i feel i’ve been let down by the system massively. I’ve sent off all evidence saying how i can only limit myself to 20 minutes of walking a day in spaces not all at once with frequent breaks without suffering severe pain. PIP rang me yesterday to say they will offer me enhanced daily living but not for mobility. They said it will go to tribunal.. I’m unsure if this is a good outcome or not and i believe i have been unfairly treated, any advice in black and white i can use to fight my case will be massively appreciated. I’ve had supporting statements from family / friends and plenty of medical evidence to suggest i have pain when standing / walking and there is no chance i can walk more than 200m at any given time! it would take me a very long time to do this distance because of the frequent breaks i need to take, i feel my youth has been stripped from me because of these dehabilitating conditions i have and i really do not want to result in using an aid such as a chair or stick because it is humiliating for someone of my age so i try my best to push through the pain but i shouldnt have too, i believe i have suffered enough, looking forward to your replies. Thankyou.
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- Gary
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3 months 3 weeks ago #293729 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Advice on current case and where i stand legally.
Hi Kalem
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
The appeal will be solely concerned with the panel understanding how you meet the criteria for a Mobility award. So, you need to understand what that criteria is and consider how you can show that you meets it, this will consist of your own testimony and any evidence that is available in support of that.
Our PIP Claim guide is on the following link as are our appeal guides.
benefitsandwork.co.uk/guides-for-claimants/pip
Average walking speed is 72/minute so the maximum distance that PIP considers, 200m, would be covered by a healthy person in just three minutes! there are slower rates; 48m/min walking slowly and 36m/min walking very slowly but if you have said that you can walk for ten minutes then you are still assessing yourself as being able to walk more than what PIP will consider.
You are going to have to show that you cannot "reliably" walk more than 50m to score sufficiently for an award.
Things to think about
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but is in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should argue these as well.
If you walk slowly then it must take you at least twice the time to cover the distance as a healthy person would, this could be down to the speed of your walking but could also be the result of you having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example; where can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you makes outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
The appeal will be solely concerned with the panel understanding how you meet the criteria for a Mobility award. So, you need to understand what that criteria is and consider how you can show that you meets it, this will consist of your own testimony and any evidence that is available in support of that.
Our PIP Claim guide is on the following link as are our appeal guides.
benefitsandwork.co.uk/guides-for-claimants/pip
Average walking speed is 72/minute so the maximum distance that PIP considers, 200m, would be covered by a healthy person in just three minutes! there are slower rates; 48m/min walking slowly and 36m/min walking very slowly but if you have said that you can walk for ten minutes then you are still assessing yourself as being able to walk more than what PIP will consider.
You are going to have to show that you cannot "reliably" walk more than 50m to score sufficiently for an award.
Things to think about
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but is in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should argue these as well.
If you walk slowly then it must take you at least twice the time to cover the distance as a healthy person would, this could be down to the speed of your walking but could also be the result of you having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example; where can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you makes outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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