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walking point of law
- edward
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5 years 4 months ago #241991 by edward
walking point of law was created by edward
hi im in the process of appealing a PIP decision wondered if anyone could advise! on the decision notice it states the medical report for ESA was used in the PIP decision along with other evidence including medical report for PIP my question is it states I can walk 40 metres on the PIP decision and 10 meters on the ESA report do I have a legal issue?
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- Gary
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5 years 4 months ago #242005 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic walking point of law
Hi edward
Only you can answer the question using our very good guides, www.benefitsandwork.co.uk/help-for-claimants/pip if you disagree with their findings then you will need to show where they have made an error. Have you asked DWP for a copy of your assessment report to enable you to see how DWP made their decision?
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
If you say your walking is restricted, you would need to be unable to reliably walk more than 50m to score sufficient points for an award just on the Moving Around activity.
Do you reasonably fit any of these criteria?
Gary
Only you can answer the question using our very good guides, www.benefitsandwork.co.uk/help-for-claimants/pip if you disagree with their findings then you will need to show where they have made an error. Have you asked DWP for a copy of your assessment report to enable you to see how DWP made their decision?
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
If you say your walking is restricted, you would need to be unable to reliably walk more than 50m to score sufficient points for an award just on the Moving Around activity.
Do you reasonably fit any of these criteria?
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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