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confused regarding 20 metres ruling.

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7 years 8 months ago #167375 by wilton
confused regarding 20 metres ruling. was created by wilton
How does it stand if you suffer immediate pain on standing but then manage to walk 10 metres using walking sticks before needing to stop and rest because of pain and discomfort.After resting can then walk a further 7 metres before again stopping due to pain and severe discomfort.Again after resting can manage a further 5 metres before needing to stop because of severe pain and severe discomfort.Is this classed as covering 10 metres when your first forced to stop or is it 22 metres which is the total distance covered stopping and starting.

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7 years 8 months ago #167393 by Gordon
Replied by Gordon on topic confused regarding 20 metres ruling.

ginger wrote: How does it stand if you suffer immediate pain on standing but then manage to walk 10 metres using walking sticks before needing to stop and rest because of pain and discomfort.After resting can then walk a further 7 metres before again stopping due to pain and severe discomfort.Again after resting can manage a further 5 metres before needing to stop because of severe pain and severe discomfort.Is this classed as covering 10 metres when your first forced to stop or is it 22 metres which is the total distance covered stopping and starting.


This is complicated as PIP does not specifically take account of pain whereas DLA used the term "severe discomfort", but activities must be done safely and this is taken as meaning that pain must be considered.

PIP does not require that activities are completed without pain, but pain that limits your ability to complete an activity should.

Your description of your walking suggests that you should consider it limited to 10m, one key factor would be how long you need to wait before continuing to walk. Safely is one of four terms that come under the general heading of reliably; the other terms are repeatedly, to a necessary standard and in a timely manner, at least two of these may also apply, have a look at the PI Claim guide for more details.

Gordon

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7 years 8 months ago #167430 by Bill24chev
Replied by Bill24chev on topic confused regarding 20 metres ruling.
This case law may be relevant
Ability to mobilise to ‘an acceptable standard’ must include an assessment of the effects of pain

CPIP/665/2016
[2016] UKUT 326 (AAC)
The following user(s) said Thank You: Bryando, wilton

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7 years 8 months ago #167442 by slugsta
Replied by slugsta on topic confused regarding 20 metres ruling.

Bill24chev wrote: This case law may be relevant
Ability to mobilise to ‘an acceptable standard’ must include an assessment of the effects of pain

CPIP/665/2016
[2016] UKUT 326 (AAC)


I believe the office are looking into this and any implications thereof. It is not always as straightforward as it sounds as case law often has many elements, all of which need to be met in order for it to be relevant to other claims.

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The following user(s) said Thank You: Bryando, wilton

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