Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: safely rule for pip mobility

safely rule for pip mobility 4 days 2 hours ago #226032

Hi.
I am transferring from DLA to pip and had a face to face about 2 weeks ago. I recently received the assessment report but no decision as yet. I wish to ask some advice on how the safely consideration is applied to this descriptor. I have significant problems with my left lower leg following treatment for bone cancer over 30 years ago. The bones are fragile and prone to fracture which I have been informed would be unlikely to heal . I have foot drop and trip often and have fallen on several occasions. In addition I have 2 fractures in my lower spine that are unstable and extremely painful when upright.
The HCP does not appear to have included any mention of the increased risk of fractures when assessing the moving around section. In reality I am at increased risk of serious injury when walking any distance . She appears to have recommended descriptor C, that I can walk 20-50 metres unaided. She acknowledges that I walked 28 metres to the assessment room with the assistance of my husband and had a limping gait and appeared in discomfort and scored me 8 points. Would the assistance of my husband count as being "aided" as this descriptor appears to require the distance to be completed unaided.

Many thanks for your help

Please Log in or Create an account to join the conversation.

safely rule for pip mobility 3 days 22 hours ago #226054

An ex nurse

In applying the safety criteria the DM will look at two factors, the risk of an injury occurring and the severity of any injury should it happen.

The difficulty you have is that whilst the severity of an injury would be high the riks is unlikely to be considered as being high, after all, you undoubtedly walk on a daily basis, even if it is only around your home and suffer no injury.

You mention falling several times but without apparent injury which undermines the argument that doing so will cause you harm.

So, whilst I think you should review what you have said about the harm that could come to you I think you also need to spend time thinking about what restricts you to a shorter distance, I assume you are hoping to score for being unable to walk more than 20m? There is nothing in your post that suggests that the risk of a fall increases with the distance that you walk, don't take this literally; but what is the difference between your walking 20m and your walking 21m?

Gordon
The following user(s) said Thank You: An ex nurse

Please Log in or Create an account to join the conversation.

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

safely rule for pip mobility 3 days 21 hours ago #226059

Hi Gordon, thank you for that good advice . To clarify I have injured my hip and ribs when falling on 2 occasions in the past year but have been fortunate not to sustain a leg fracture. As mentioned any fracture of that leg would be potentially life changing due to high risk of it not healing. I was of the understanding that the potential severity of an injury could limit the likelihood of it needing to occur on any one occasion. As mentioned I also have a spinal problem which causes significant pain when I am upright and walking, the further I walk the more likely I am to trip due to loss of sensation in my legs . You appear to be saying I need to have suffered a life changing injury before I can be considered unsafe.Is this correct ?
Also to clarify no distance I could walk in my home would be near the 20m mark. I had no choice but to walk 28m at the assessment centre, but this was acknowledged by the assessor in the report as being with the assistance of my husband . I was in significant pain by the time I reached the room which she noticed and offered me the opportunity to lie down but failed to mention that in the report.
Thank you again. I appreciate your help.

Please Log in or Create an account to join the conversation.

safely rule for pip mobility 3 days 21 hours ago #226065

An ex nurse

No, I am not saying that you need to have suffered a life-changing injury.

You need to put yourself in the shoes of the Decision Maker and think about how they will approach the situation.

So the first thing they are going to look at is the distance that you can walk and what limits it. You mention you were in pain after walking at the assessment, does this limit your walking to less than 20m? Do you do anything that contradicts this?

With regard to safety, there are multiple scenarios balancing the risk against the severity of an injury, at one extreme you have low risk / low severity, which is not going to be considered and high risk / high severity which should, from your post, which is all I have to go on, you seem to fall in the middle with the primary issue being the risk.

So you say that you have suffered serious injury but how often has this happened in relation to the number of times that you have walked?

Have a look at the DM guidance and in particular the examples at the end

assets.publishing.service.gov.uk/governm.../718722/adm15-18.pdf

Gordon

Please Log in or Create an account to join the conversation.

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

safely rule for pip mobility 3 days 21 hours ago #226071

Thank you for finding that for me Gordon that is food for thought and very helpful.
All good wishes to you all and sincere thanks for your valuable work.

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
Moderators: GordonIzzy1010