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TOPIC: DLA transfer to PIP

DLA transfer to PIP 4 months 2 weeks ago #215674

RedRed

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 are 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?

The legal test is the majority of days, there is no majority of the time test. Being able to not do an activity for part of the day but able to do it during the rest causes problems, as an example;; severe pain first thing in the morning that prevents a claimant dressing would a reasonable argument that they cannot get dressed at all, even if their painkillers meant they were able to do so in the afternoon, however, the same argument would not work for Preparing Food as the DWP will argue that a meal does not need to be cooked first thing and could be cooked once the painkillers have taken effect.

Gordon
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DLA transfer to PIP 4 months 2 weeks ago #215703

I think I understand. So I should tick less than 20 metres, not 'it varies' because that would suggest it varies at any time of the day, which is not true for me for the first part of the day or later in the day, whereas 'less than 20 metres' is true for me at those time. Thanks!

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DLA transfer to PIP 4 months 2 weeks ago #215704

Forgot to add, similar for walking stick. I don't always need to use it even during the worse times, as normally I lean on furniture or the walls, but sometimes I do, when fibromyalgia has moved to the lower limbs.

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DLA transfer to PIP 4 months 1 week ago #215718

RedRed wrote: I think I understand. So I should tick less than 20 metres, not 'it varies' because that would suggest it varies at any time of the day, which is not true for me for the first part of the day or later in the day, whereas 'less than 20 metres' is true for me at those time. Thanks!


It varies means that the distance you can walk varies I'm afraid I can't tell you what to pick on the form

Gordon

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DLA transfer to PIP 4 months 1 week ago #215719

RedRed wrote: I think I understand. So I should tick less than 20 metres, not 'it varies' because that would suggest it varies at any time of the day, which is not true for me for the first part of the day or later in the day, whereas 'less than 20 metres' is true for me at those time. Thanks!


It varies means that the distance you can walk varies I'm afraid I can't tell you what to pick on the form you should tick the distance that you can reliably walk on the majority of days.

Gordon
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Last Edit: by Gordon.

DLA transfer to PIP 4 months 1 week ago #215722

RedRed wrote: Forgot to add, similar for walking stick. I don't always need to use it even during the worse times, as normally I lean on furniture or the walls, but sometimes I do, when fibromyalgia has moved to the lower limbs.


The walking stick will not make a difference if you are ticking that your walking is limited to 20m or less, although I would still mention it and why you need to use it,

Gordon
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