Indefinate DLA to PIP

Hello Gordon

You stated in an earlier reply:
"If you don't expect to score for Going Out then you will need to show that your walking is limited to 20m or less. You need to do this reliably and on the majority of days. You are not required to walk without pain, but any pain that limits the distance you can walk should be considered. If you always walk in severe pain then you can argue that you are not walking to a necessary standard".

I was not awarded a score on "Going Out" and although I might get just scrape a score for this section it is unlikely I'll get one.

With regard to to award of 10 for walking 20m or less with an aid. I can manage this distance (just) some days much better than others with reduced pain level. So if I go ahead with an appeal to gain the extra 2 points, I am concerned that I may be reassessed on a good day and loose the 10 points altogether and be worse off.

Therefore, I have decided not to appeal and to accept the reduced award for fear of loosing it altogether without the chance of ever getting it back due to my age. However, the 10 points won't allow me to keep my motability car and yet the extra costs incurred to achieve a reasonable level of independence, are similar for limited walking ability of 5m or 50m.

So should a change in the current law be required for mobility and parking to reflect PIP?

The government says that those who can walk 20-50m have “some, albeit limited, mobility.” Under DLA, this distance was considered “virtually unable to walk.” This was established by case law. The government’s regulations for PIP therefore run contrary to case law.

The Law States: Spaces for Blue Badge holders should be provided as close as possible, preferably within 50 metres of the facilities served by the car park.

Gordon wrote: Linda

If I said "Going Out" then my apologies, I should have said "Moving Around"!

An Appeal will consider your walking on the majority of days, so you would need to show that your walking is limited to 20m or less most of the time.

Unlike an MR, the Judge of an appeal is required to warn the claimant if their existing award is at risk if they proceed with the appeal, so that the claimant withdraw the appeal.

The PIP test is sufficiently different from the DLA that the latter's case law does not apply.

I'm not sure of the relevance of your comment about Blue Badges.

Gordon

Hi Gordon

Thanks for your reply and information.

Yes I knew you meant "Moving Around" I was reading your reply and unintentionally wrote "Moving Around" in response instead of "Going Out" also.

I was unaware that the appeal Judge is required to warn of the risk of loosing award, that seems decent. I wrongly assumed that an appeal was an automatic gamble with awards.

Oh I didn't know the law for mobility under DLA does not apply for PIP - I thought the mobility Law was general. Thus the comment regarding the Blue Badges and 50 metre parking law.

Linda

Hello

The whole process so far has been stressful and I decided not to go to appeal after all for mobility. I was awarded 10 points for Moving Around as I can walk 20m and 0 for Going Out.

I started PIP at the end of July and expected to hear from Motability requesting me to return my car, as the payment for the car has stopped. But so far I have not had any communication regarding the return of my Motibility car, is this usual? Should I volunteer and bring the car back to the garage anyway, or just wait and see?

Thanks