Hi Alison,

Thanks for your reply and encouraging words. I'm still feeling realyy bitter about the assessor's report vut have at least made a start with the MR by making some notes that I'll sort out into something intelligable once I've seen my GP next Tuesday.

Once I have the letter from him, i'll phone and kick start the MR and send a short letter to confirm it.

Then I'll write the reasons that I disagree with the decision and argue against what she said etc.

Obviously, it's more than likely to go to tribunal and I understand it could be a long wait, maybe a year but never mind it gives me loads of time to prepare and produce more evidence if need be.

I have been to tribunal twice before, but not for PIP, but ESA. I won bothe times but only apperared in person once.

It's a while ago since then and I don't realy remember sending much other than the appeal letter and the letter from my GP.

Is this all you really need to do?

Any advice would be greatly appreciated.

Phrank..

Hi Phrank

Also been following your thread. I can only echo what Alison has posted. I had an assessor contradicting himself and claiming he had "evidence" to prove I don't have issues when dealing f2f with people. I started losing my temper with him when he refused to allow me to record the assessment, despite organising this with Capita weeks beforehand. I get nervous of strangers but I tried to deal with the assessment as best as I could, yet because of this he said this was "evidence" I never had issues dealing with people. He also claimed I speak to my neighbours and friends, daily either over the fence or on the telephone. He asked me if I play games on my computer and when I said no, he put down I have a good use of the internet and play games.

My OH deals with PTSD and mental health and games on phones and tablets are actually used as part of the therapy, yet this seems like a negative to PIP.

I had to MR an ESA claim because, well long story about lies told by Atos about an assessment being missed. I didn't get anywhere at MR - but I won it back at tribunal.

Anyhow, we are all behind you and I know it's frustrating, infuriating and makes me, at least bloomin' angry reading utter lies from someone who isn't even aware of what your condition is, (my "healthcare professional" had no idea what my autoimmune disease was and said it gives me gritty eyes. As this guy was a paramedic, I wouldn't be so sure he would know how to save my life!)

I fear I may get zero points because I have questioned his report before the DM has made a decision, but I will MR and tribunal if I have to.

As they say....keep taking the tablets!

Hi LadyLuna,

That's so nice to say that you're all behind me.

Really appreciate that I do.

It sounds as though you have had a terrible assessment, worse than mine.

The only advice is to try and take each stage as it comes it doesn't sound to me as if you have had your decision, yet or am i reading this wrong?

Hi Gordon,

Have just started to draught my MR submission.

One of the things the assessor reported wa that I had no problem with mobilty, which is totally untrue. I had been on the highervratebfor 4 years until this happened.

She said I walked at a normal pace with a jormal gait, totally untrue she offered to assist me each time I stopped for a rext on the way to the interview room.

When she asked how long I took when I went out shopping, we said around 45 minutes in all from going out to getting back.

She has reported that ai have no trouble walking as I walk around the shop for 45 minutes!

How do I fight this?

We've listned to the tape and my version is on the recording and can be heard clearly so she obviously told a lie there.

How can I prove this if they haven't got a copy if the tape?

When I write up the final MR do I write things and then add "as can be heard clearly on the recording" to back up my statements where appropriate?

One kast thing, my bad leg is quite clearly deformed due to heavy limping over many years and bows in quite badly.

I have a photo which I took withnmy phone through the mirror the other morning, and I din't realise just how bad it was. It's blatantly ovvious I have waliking difficulties just looking at the photo.

My question is: is it worth sending a printed ohoto with thevrest of my stuff when I post it,my doctor will back me 100% on this and the ither issues.

Sorry for the lentgthy post but thought I needed to ask these things,

Regards,

Phrank.

Phrank

Even if the DWP had the tape they would not review it so I would not worry about it further.

I'm afraid your admission that you go out shopping will have undermined your argument that you have problems walking.

Someone walking very slowly will walk more than a mile in 45 minutes.

Some things for you to think about

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 20m 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 the things you need to think about is what you can't do, for example, what 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, how you are limited and why.

Gordon

Thanks, Gordon.

I do drive with my carer to the small retail park about a half mile from home and then park up in a disabled bay.

My carer then gets me a shopping trolley that I substitute for my stick. I stop frequently and sit whetever possible due to the discomfort.

This is usually in the garden section in the shop we use. When there is no nearby place I stop frequently and lean heavily on my better leg for a rest.

As for the pace of my walking, I would guess I am definitely within the guidelines and would say I walk around 2.5 to 3 times slower than normal, with a heavy limp. My knee is extremely painful which gets worse the further I go.

Not sure if this makes total sense but it's more or less how things are with my mobilty.