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Asking for mandatory reconsideration for mobility

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4 years 9 months ago #234694 by IanR
Hello Rachel,
Your posts mention how your condition affects you for the Daily Living activities but you have been awarded the higher rate for these, anyway. I am wondering if it wouldn't be better for you to concentrate on Mobility.

1) You were observed walking 15 metres not 20 metres or more.
2) Does the Assessor's observation note that you were holding your husband's hand during this walk? (Surely, being able to walk only whilst holding someone's hand means that you cannot walk)
3) Does the Assessor note that after walking only 15 metres, with your husband's assistance, you the had to sit with your feet on another chair in order to recover?

I fully understand that you don't want to go to Tribunal but, if push comes to shove and you eventually get a negative result for your MR, please do Appeal. I have just had a successful appeal which overturned the DWP's decision and awarded me enhanced Mobility.

Keep calm, lass, and keep on buggering on. You have a good case and you'll get there, sooner or later.

Kindest regards, Ian.

PS Your posts describe your difficulties very clearly and concisely. I think they may provide a good basis for your letter requesting MR.

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4 years 9 months ago #234696 by Gordon
IanR

The legal test is "either aided or unaided" so walking whilst holding someone's hand will not help Rachel score.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 9 months ago #234699 by IanR
Hello Gordon,
I have always thought that aided or unaided referred to walking sticks and zimmer frames etc. I never thought of it in terms of someone else's assistance.
Do you know for a fact that someone else's intervention simply falls into the category of aided? It is hardly in keeping with the notion of independence if one can only walk with another person's help.
Regards, Ian.

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4 years 9 months ago - 4 years 9 months ago #234700 by Gordon
Ian

From the PIP Claim guide

“Aided” means with –
(a) the use of an aid or appliance; or
(b) supervision, prompting or assistance.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 9 months ago by Gordon.

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4 years 9 months ago #234708 by IanR
Hello, again, Rachel and Gordon,

I think it would be useful if Rachel could advise which descriptor the assessor used, c. or d. Both refer to walking between 20 and 50 metres.

C. Can stand and then move UNAIDED more than 20 metres...
D. Can stand and then move USING AN AID OR APPLIANCE more than 20 metres...

From the PIP assessment guide part 2: the assessment criteria :-
"Aids or appliances that a person uses to support their physical mobility may include walking sticks, crutches and prostheses."

Rachel does not conform to either of the descriptors.

In descriptor c. she is expected to move unaided.
In descriptor d. she is expected to use an aid or appliance. (not hold someone's hand)

Ian

(see www.gov.uk/government/publications/perso...#mobility-activities)

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4 years 9 months ago #234734 by Gordon
Ian

I think you have missed the point, Rachel is hoping to show that she cannot walk more than 20m so the issue of aids or assistance is not relevant to her situation.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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