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Pip medical

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  • reach1
    reach1 Community member Posts: 10 Listener
    MR was done yesterday just a waiting game again now 
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @reach1 I know you've done your MR but no-one else has mentioned that sensory problems affect the planning and going on a journey alone activity. I.e the problems with your eyes should be explained in relation to this activity, how you need someone with you to keep you safe. This would put you up to higher mobility even if the walking activity was kept the same. If you didn't mention this in your MR you can ask for a call back anytime to speak to a decision maker, even after your MR is decided if it's not successful. DWP can change the award anytime up to appeal but if you need to apply for appeal do that at the same time. Just keep on at them about the lies. 
  • reach1
    reach1 Community member Posts: 10 Listener
    I have mentioned this to them but they say as I am not legally blind (I have no central vision and shadows on side vision in left eye) and have one good eye (well kind of good as short sighted in it) that it does not matter and don't count.

    Trying to go out after it starts going dark is impossible as I can not see where I am going (village location and think the council for got the street lights as we have about 4 on way down to the only local shop in the village) last time I went shop when it was starting to get dark was 2 years ago and I fell down a pot hole in the road (again think the council forgot the foot path here also should of sued them but was not badly hurt just a scratch) so if I forget anything that I need and it getting dark then I have to wait til morning when it is light to go down (this take around an hour to get there and an hour to get back for me, when my daughter come over it takes her 40 mins to get there get stuff then come back) so I try not to forget things (don't always work out that way tho) 


  • Nystagmite
    Nystagmite Community member Posts: 596 Pioneering
    reach1 said:
    I have mentioned this to them but they say as I am not legally blind (I have no central vision and shadows on side vision in left eye) and have one good eye (well kind of good as short sighted in it) that it does not matter and don't count.

    Trying to go out after it starts going dark is impossible as I can not see where I am going (village location and think the council for got the street lights as we have about 4 on way down to the only local shop in the village) last time I went shop when it was starting to get dark was 2 years ago and I fell down a pot hole in the road (again think the council forgot the foot path here also should of sued them but was not badly hurt just a scratch) so if I forget anything that I need and it getting dark then I have to wait til morning when it is light to go down (this take around an hour to get there and an hour to get back for me, when my daughter come over it takes her 40 mins to get there get stuff then come back) so I try not to forget things (don't always work out that way tho) 


    You would have to explain how having the use of one good eye affects your mobility. Usually, the one good eye compensates for the lack of vision in the other.

    They don't take into account things like the weather and it being dark. I'm sure many able bodied people would try to claim they have similar issues. I've had one or two able bodied friends unintentionally walk me into things when it's been dark. It's how you are on an average day. IE, when it's not dark or chucking it down with rain.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    reach1,

    I'd broadly agree with the advice you've got from Nystagmite. It is relevant that you have vision problems, but the decision maker should look at how you can get on with a general average hypothetical situation - for the mobilising activity (not the same activity as planning & following journeys but likely to be relevant), a judge said the decision maker should look at your ability on a 'normal' out of doors surface, including kerbs and 'reasonably flat' pavements.

    I still think though that there might be room to argue that, in any area of the UK (whether rural or urban) there are uneven bits of pavement, and potholes happen. Because of your disability, you can't necessarily see the hazards and need someone with you because of this. Your benefit can't take into account the particular circumstances of where you live and how bad the council are, however. 

    As for going out after dark, I think as with all the activities it depends on what is reasonably required. If going out after dark (given it gets dark early in the winter) is reasonably required, then it can be considered. All the activities have to be carried out 'repeatedly' if you are going to be said to be able to do them. Repeatedly means as often as you reasonably require to do things (eg, sometimes you might need to go to the shop twice in one day because you forget something the first time). 

    So, even if it is too late to mention in your MR, if you do get to the appeal stage I think I would mention how careful you have to be to remember everything, especially in the winter months, because it is not safe for you to go out after dark. The lack of safety has to relate to your condition though - as Nystagmite said, if it would be unsafe for someone without your vision problems, then that isn't something which gets taken into account in PIP.

    Will
    The Benefits Training Co:

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    PS reach1reach1,

    Depending on how often you have to go out after dark I think that your problems with night vision are more relevant than you might have been told. There's a case which says you can score points for this.

    'a person’s lifestyle was restricted by more than a trivial extent if they could show that their particular disability was sufficient effectively to debar them from following the route of a journey without assistance during the hours of dusk or darkness'

    Even though the difficulty only affects part of the day, it's still a difficulty which may significantly affect your life.

    The case ref is [2016] AACR 23. Even if you've done your MR you can still contact the decision maker and give some more details about your night vision problems and why you need assistance on familiar journeys once the light levels are low. If it doesn't work at MR level, it is worth trying at a tribunal, but do get help if you can (eg from a CAB).

    Will
    The Benefits Training Co:

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