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New rules for claiming PIP

marg2254
marg2254 Community member Posts: 1 Listener
Have any of you good people heard that when claiming PIP I YOU CAN walk you eont be awarded , mobility, I asked what about the 20 metre rule this advice worker said its been scrapped if you can walk even with crutches you wont get the mobility component can anyone advise please thanks! Arg

Comments

  • Debbie_Alumni
    Debbie_Alumni Community member Posts: 932 Pioneering
    Hello Marg2254,

    There are no new rules which state that if you can walk you won't be awarded mobility. The 20 metre rule has not been scrapped.

    Further details about the activity descriptors for both Daily Living and Mobility can be found in a really useful guide to claiming PIP produced by Disability Rights UK. You can find and download the guide in the following link http://www.disabilityrightsuk.org/personal-independence-payment-pip

    I hope this helps clear things up.

    Best wishes
    Debbie
  • bic123
    bic123 Community member Posts: 6 Listener
    I have Ms and arthritis,bi walk with two crutches and use a wheelchair. I was turned down for Pip mobility, since then I've had MRI scan showing I have narrowing of spinal channel and facet joint disease. I can't do anything too long, sit, stand or walk but they've stopped it so I'd say yes you can't get it if you walk with crutches even in pain.
  • Nystagmite
    Nystagmite Community member Posts: 596 Pioneering
    You have to be able to repeat the activity in a reliable, safe and timely manner. Timely being no more than double the time it takes a non-disabled person to complete the task. For example, if it takes me (I can walk unaided; I just need help outside due to sensory and learning disabilities) 2 minutes to walk 20 metres and it takes you 10 minutes, you'd get mobility. And it's how far before you stop.

    Safe would also mean pain free.
  • mumofgreeny
    mumofgreeny Community member Posts: 1 Listener
    I walk with crutches not very well or when I'm bad a wheelchair and they stopped my mobility. 
  • bevt2017
    bevt2017 Community member Posts: 324 Pioneering
    Hi 
    I'm the same, I have walking sticks, and a wheelchair. I don't really use my sticks. and i always need to have someone with me when I go out.  through my court appeal, I was given standard mobility. I thought I would have gotten the enhanced mobility. 
  • ScopeHelpline
    ScopeHelpline Community member Posts: 207 Courageous
    Hi bevt2017
    Thanks for joining the discussion. You probably know that if you score 8 points across the two mobility descriptors, you would get the standard rate - and if you get 12 points, you would get the enhanced rate. 

    The two descriptors are 1) Planing and following journeys; and 2) moving around (which means the physical act of walking).

    The government recently announced a restriction - from March 2017 - of the points in activity 1 - taking the term "psychological distress" out of three of the five levels for this activity, essentially restricting a lot of those points to people with learning disability rather than mental health issues.

    With the physical mobility problems - activity 2 - as with all the descriptors for PIP, decisions should, but aren't always be made according to what a person can do for the majority of the time, and safely, repeatedly - as often as you reasonably need to -  in a reasonable timescale - as Nystagmite  says, this means not taking more than twice as long as someone without a disability, and in an acceptable manner (those terms are all in the Regulations).  

    There is case law saying that especially with Mobility, pain should be taken into account when the decision makers,  or the appeal panel make decisions about your award. 

    Lots of people challenge poor assessments, of which there are many, and lots of people win further awards, not frequently at Mandatory Reconsideration stage, but at appeal stage. Well over 60% of appellants win further awards at appeal, which says a lot about the quality of many of the original assessments. So it's important not to give up if you get an initial negative decision. 

    I hope this helps throw a bit more light on this. 

    Best wishes
    Gill ( from the Helpline)

  • bevt2017
    bevt2017 Community member Posts: 324 Pioneering
    Hi @ScopeHelpline
    I am quite new to disability, only a year. So I'm not very good on the points system. Thank you for the information, all very useful. I will be appealing with the mobility. has I can't go any were without my husband and wheelchair. Due to neurological problems. 
    Thank you again.

  • annj4
    annj4 Community member Posts: 2 Listener
    I have been turned down 3 times for PIP I took it to tribunal and was awarded enhansed care and enhanced mobility I am waiting now as the person at DWP says if the decision maker doesn't agree they can still refuse to allow it...if that's the case it makes a mockery of the tribunal system...
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @annj4 Next time you speak to someone at DWP tell them you are writing down everything they say and ask for the name of who you are speaking to. They might be a bit more careful how they word things. It's true DWP can appeal a tribunal decision but NOT about the points scored unless the Appeal Panel made the decision illegally, i.e they didn't stay within the law to make their decision. This is rare as judges know what they are doing. They also only have 28 days from when they get the statement of reasons from the Tribunal service so once this timescale has past they can't do anything but start to pay you which usually takes about 6 weeks.
  • JGR
    JGR Community member Posts: 1 Listener
    I have recently completed the PIP form and actually came out of the process with a higher level awarded. My condition has worsened over the years that I was on DLA but I never thought to update this. There are some excellent descriptors on the Citizen Advice web site. Anyone applying needs to look very carefully at the descriptors.  We tend to be too honest and moderate with the truth. Also get as much evidence as possible from doctors, consultants, physiotherapists, employer, carers, friends and family.  Do not assume that they will search for this information. Good luck.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @JGR I had evidence from my Physiotherapist which was totally ignored for my PIP claim in favour of false test results and the opinion of a much lesser qualified assessor who claimed to be a Paramedic. It is still being ignored right through to the investigation of my complaint. The rules of PIP should be changed. On the new Independent assessment company (ATOS) website it states you can't request the assessor's report till after you've received the Decision Letter. This is an obvious attempt at giving you less time to pull it to pieces before you do an MR. 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    I would have thought that it would be DWP's decision not Atos's as to whether the assessor's report is available to the claimant before the decision letter.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited June 2017
    @Matilda, On ATOS's new "Independent Assessment Services " website click on Your Assessment and scroll down to how to make comments, suggestions or complaints:
    "We are unable to provide you with a copy of your assessment report, but you can request one from DWP once they have reached a decision on your claim. Please contact DWP directly using either of the numbers above."  
       
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @wildlife

    Personally I would not take Atos's word for it as DWP control issuing of reports not Atos.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Matilda Yes I'm sure you're right I was just pointing it out as being on their website. To reassure everyone once the assessor has sent your report to DWP it is DWP you ring to request a copy. I did this within a few days of my assessment and was sent it straight away...

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