Asking for mandatory reconsideration for mobility

Gordon
I am trying to suggest that Rachael can show that she does not satisfy either descriptor c. or descriptor d. and that, therefore, she falls into descriptor e.
Ian

Hi Gordon, yes I will be focussing only on mobility, I just made those points to show that the assessor based everything on her opinion that I wasn't breathless or in pain on walking the 15m, which I was.

To clarify, my conditions mean that when I am upright (at all, sitting or standing) my blood pressure and heart rate do not adjust as they should and I am therefore dizzy, pre-faint (see lights, loss of vision, ringing ears etc) and in pain due to not enough blood reaching my lungs and brain (headaches). Therefore there is no aid that would help me walk without these symptoms, I just hold my husbands hand when he is there as it makes the dizziness easier to tolerate and I have less risk of losing my balance (although I'm pretty used to the dizziness and usually walk through it, even when I lose my peripheral vision for a few seconds).

Yes, she noted I held my husbands hand. Yes she noted I had my feet up on the chair. She says I was not breathless during the physical exam however I have written in my MR letter that she has not mentioned she did this all while I had my feet up as to not cause me any dizziness or breathlessness. I also didn't do the bending over part of the exam or lifting my hands above my head. All of which would cause blood to shift and cause me my symptoms.

I have written most of my letter now, outlining how I was in fact experiencing "air hunger" at the assessment and how it does not look the same as panting like a dog, however causes me a lot of pain and distress as it feels like I'm suffocating. I also highlighted the fact that chronic illness sufferers don't go around showing their distress on their face and so it would be difficult for the nurse to assess how I felt based on my facial expression upon standing. I also included information on how autism affects my facial expressions and how I have been disbelieved in labour because I didn't look in enough pain/distress, then had the baby while the midwife was out of the room, and how I wasn't believed about my appendicitis for the same reason, however upon examination at the hospital it was really bad and I had it removed immediately. Hopefully some of this will help them understand that the nurse was wrong to judge me as not being in pain/distress when walking. It's really just her word against mine though.

How about the fact that for several hours a day I cannot walk (especially morning, til about 11) and by about 7pm when I am too symptomatic from the things I have had to do during the day, which then prevents me from walking at all. Doesn't this count as not being able to carry out the activity for that day?

I have letters from my friend and husband stating that I cannot walk in the mornings, that when I do walk I am highly symptomatic and that I have rest for hours in between activities. I also had them include that for at least two days a week I am completely bedridden due to the exhuastion and carry over of symptoms from upright activities that week (my headaches turn into migraines, my chest pain does not subside and builds up as I push through the days, resulting in day(s) long crashes where I can't get up at all). All of this should point towards the fact I cannot walk to an acceptable standard although I told her this in my assessment and even though she wrote some of it down (spends hours in bed a day) she didn't use this in her decision making.

Just reread your replies Ian and so I thought I'd tell you that she selected that I can walk 20m unaided because I report picking the kids up from school. The gate is 20m from the car. I then walk back and have to rest for a couple of hours when I get home. She used this as her measure (can walk 40m but not repeatedly, can walk 20m x2 to get the kids) however I told her that I am breathless and dizzy as soon as I get out of the car. I also told her I squat down at the school gates to recover (so embarrassing!) While waiting the 5 mins for my other kid.

She wrote that I report being breathless as soon as I get out of the car, but I walked 15m in the assessment without breathlessness (not true) therefore I can walk the 20m but not 50m. She also just doesn't account for any of my pain (I have chest pain regardless of breathlessness, something to do with blood flow in my lung tissues, not to my lungs for breathing?) even though I said I have this all day but it's worse with standing.

Anyway, I hope that clarifies. I wouldn't claim to need an aid because it wouldnt help but if my husband is there I hold him as it makes the dizziness less risky.

The DWP’s Personal Independence Payment (PIP) Assessment Guide For Assessment Providers paragraph 2.2.18 states

“Symptoms such as pain, fatigue and breathlessness should be considered when determining whether an activity can be carried out repeatedly. While these symptoms may not necessarily stop the claimant carrying out the activity in the first instance, they may be an indication that it cannot be done as often as is reasonably required.”

Your need to sit/squat for 5 minutes at the school gates would seem to fall into this category.

Also, I believe if you take up to twice as long to perform the descriptor then this counts as not being able to perform it ie adding 5 minutes to the time it takes you to walk 20 metres.

I would not intimate that you are able to "push through" as you call it.

Don't just say you get dizzy. Say something to the effect that you get dizzy and may fall down.

Are you sure that you have estimated the distance from your car to the school gates correctly?
Perhaps it is only 15 metres. Not being sexist but ladies can make mistakes when estimating distances. Perhaps your husband could measure the distance for you and, if you got it wrong when reporting picking the kids up, you could now admit your mistake and put it right. (if you see what I mean)

Best wishes
Ian