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Mobility MR question
- SirSupaDupa
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4 years 9 months ago #249660 by SirSupaDupa
Mobility MR question was created by SirSupaDupa
Hi there,
I was recently given "Can stand and then move more than 50 metres but no more than 200
metres, either aided or unaided."
When in fact it's only about 20m, sometimes slightly more and sometimes slightly less. I suffer from neuropathic pains causing me to get alot of burning sensations and makes me unbalanced and fatigued, this also makes me hobble side to side, once i'm around the 20m mark, forcing me to sit down, the flare up can last anywhere from minutes, hours or the rest of the day.
The only evidence I have got is a neurology report stating that I "used to be able to stand 20 mins but now it's difficult to stand after 30 seconds and that I described burning pain in the feet and also fatigue and tiredness - showing basically it's got progressively worse over the period of 5 years.
The only way I could walk to 50m-200m would be only be through sitting down and resting at about 20m and would vary depending how long the flare up lasts for, does that mean they were correct in their decision to say 50m-200m?
Could you help me perhaps structure how i would reply back and disagree with it using what i've just mentioned please?
I was recently given "Can stand and then move more than 50 metres but no more than 200
metres, either aided or unaided."
When in fact it's only about 20m, sometimes slightly more and sometimes slightly less. I suffer from neuropathic pains causing me to get alot of burning sensations and makes me unbalanced and fatigued, this also makes me hobble side to side, once i'm around the 20m mark, forcing me to sit down, the flare up can last anywhere from minutes, hours or the rest of the day.
The only evidence I have got is a neurology report stating that I "used to be able to stand 20 mins but now it's difficult to stand after 30 seconds and that I described burning pain in the feet and also fatigue and tiredness - showing basically it's got progressively worse over the period of 5 years.
The only way I could walk to 50m-200m would be only be through sitting down and resting at about 20m and would vary depending how long the flare up lasts for, does that mean they were correct in their decision to say 50m-200m?
Could you help me perhaps structure how i would reply back and disagree with it using what i've just mentioned please?
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- Gary
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4 years 9 months ago #249677 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Mobility MR question
Hi Sam
It is not always necessary to provide new evidence for an MR if you are happy that the evidence that you have already provided explains your limitations adequately.
You can challenge the assessor's comments, also, have a look at the following;
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 you are 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 document 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 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 make 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
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can not do, how you are limited and why.
Gary
It is not always necessary to provide new evidence for an MR if you are happy that the evidence that you have already provided explains your limitations adequately.
You can challenge the assessor's comments, also, have a look at the following;
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 you are 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 document 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 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 make 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
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can not do, how you are limited and why.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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