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How do you 'prove' you can't walk more than 20 metres?

Hi
I've recently been refused any kind of mobility allowance help as I can't prove that I can't walk more than 20 metres.
I have suffered quite badly with fibromyalgia for around 10 years now to the extent that I was retired by ill health from my job of 25yrs. I was a data officer for my local authority.
I've been claiming dla since not long after I retired and was originally refused mobility component 4 yrs ago but got the living allowance. As my mobility wasn't so bad, I just let it go. However, since then my mobility has become much worse and u suffer foot, ankle, calf, knee and hip and back pain even walking more than about 10 metres but I can't prove this to the dwp. At my last medical assessment the nurse calculated I could walk more than 50 but less than 200 metres just by seeing me walk the few metres (prob less than 5) to the room where the assessment took place. DWP are saying that my condition has not increased/changed since my original claim. I rarely go to my doctors as I know there is little to nothing they can do for me. How would my doctor even be able to judge how far I could walk? It's easy to prove you can do something but not so easy to prove you cant. I desparately need financial support to get/run a car as I'm not working now. My nearest bus stops are around 400 metres away and uphill.
I would appreciate any help/advice you can give me in this matter as soon as possible as I'm fairly sure once it's all been decided that's it until the next review which will be in just over 2 yrs as I completed my last review in December 2016 and just had my appeal yesterday 29th Sept)
Replies
Do you use a walking aid? Do you travel to assessments/tribunals by taxi/car or by public transport? Assessors and tribunals are not likely to accept that claimants have serious walking difficulties if they don't need walking aids and are able to travel by public transport (on their own).
Have you been turned down for PIP mobility by a Tribunal?
I was on DLA for many years including higher rate mobility, had assessment for PIP Oct 2016, Atos paramedic assessor watched me walk 16 metres from waiting area to interview room, using a walking stick, and she decided on that basis that I could walk 20-50 metres outdoors using pavements and kerbs! DWP awarded me standard mobility. Assessor asked me how I got to assessment (taxi).
At my Tribunal Hearing the doctor quizzed me hard about my walking ability. I insisted that I couldn't walk more than about 20 yards before needing to stop and rest because of pain, stiffness or fatigue. The Tribunal decided that I couldn't walk more than 20 metres so they awarded me enhanced mobility.
I didn't obtain any reports from either GP or hospital as neither know in detail how my condition affects my ability to undertake daily living activities and my mobility - they only know about my inflammation, pain, stiffness and fatigue (I have rheumatoid arthritis, osteoarthritis and sciatica). Amongst my Tribunal bundle were DWP doctor's report and GP's report from when I first claimed DLA in 1998. Also in the diary I submitted with my PIP claim which gave details of my walking ability.
A benefits advisor will be able to give more advice.
1.for me I paid for a drs letter that agreed with my self scoring of all criteria-not able to walk aided or unaided 20 yards and beyond.
2. took my wheel chair
3. said my postural hypo tension is too bad to walk around her room-as is my chronic heart disease-and osteoarthritis
4.also paid for a physiotherapist report to say the same-£80
I recommend paying out some money to get the secured evidence
approach the whole thing-like a forensic lawyer-barrister
Hi, I think we looked at your question on another thread. Unfortunately if you've been to appeal (the stage where your award is considered by an independent tribunal) and been unsuccessful then it may not be possible to go any further. You can sometimes appeal further if there is an 'error of law' but you'd need advice from someone who can look at all the paperwork. You could start off, if you haven't already, by asking for a written statement of reasons of the tribunal's decision. You should do this within a month if you can.
As Matilda has mentioned, there are lots of factors including whether you use an aid, how long it takes you to walk, how often you have to stop and for how long, whether you get breathless or experience pain, as you clearly do. One tip, even if you haven't got medical evidence, is to keep a diary showing what you can/cannot do and even listing incidents where you would have walked to the bus stop if you could - but didn't because of the problems it would cause.
I'm guessing from your post that you do get some PIP (daily living) so making a new claim isn't a good option for you. So I think your options now would be:
get advice about appealing further, to the Upper Tribunal (try your local CAB)
argue that you have got worse since your last assessment and ask for a 'supersession' (a decision which changes your benefit based on a change of circumstances). That will probably result in you having a new assessment
wait until your next review, which as you point out might not be for a very long time.
There is PIP case law which says that your own evidence is just as much evidence as medical reports, and it could be an error of law to prefer medical evidence over a lay person's account without giving reasons.
Will
HI mel
as before
pay out for
recent GP evidence- £16
any specialist evidence
and maybe phyiso
I think the professional advice on here should be belt and brace your evidence; It needs to come more frequent as professional advice. I hope scope and their professional helpers will soon wake up to this.
a £100 quid or so
is small peanuts compared to you loosing your claim.
Irksome- agreed but well worth it
I've never requested this. For many years all hospital specialists I've seen have automatically sent me copies of letters they have sent to GPs.
wildlife
yup you made it personal
I am out of this conversation
I should say I have fought 8 appeals for others-pro bono and won
and had the whole of Scottish occupational company sacked for unacceptable practice
you dont know me
why challenge my credentials ?
I would emphasize Pip folk need to belt and brace their evidence
My doctor of 40 years has just retired and for the last year I've only ever seen locums as our surgery seem to have problems recruiting. None of them know me, none of them would know if i can or can't walk a certain distance. I KNOW how far I can or can't walk, my family KNOW how much I can no longer do for them or go places with them. Back to my original question 'How can you PROVE you cannot do something. You can only prove that you can, not that you can't.
I really don't understand why a Tribunal refused you PIP mobility. Will has outlined your options above so I hope that one of those proves successful for you.
Have you asked Tribunal for a Statement of Reasons?
Forget the aspect of money- its really crucial that all PIP claimants- know they need the most recent evidence that witnesses their claim to each point of relevant disability-
without this-we as claimants are hugely vulnerable ,are peculiarly vulnerable to a system that is geared to reject the validity of our claim in order to save govt £££
At the point of Tribunal -mandatory consideration- PIP interview- what is absolutely key is to belt and brace your claim.
Any disability help organisation needs to emblazon this key message-period.
I would be happy and satisfied if each PIP claimant new this pre PIP interview.
And this knowledge can be disseminated-with determination and intention.
TK
When I went for my assessment, there were two claimants in wheelchairs in the waiting room, with their carers. Which surprised me. One of these claimants was effing and blinding something awful at having to attend an assessment centre. One of the staff apologised to me and I thought, no, don't apologise to me - apologise to the claimant for dragging him in in a wheelchair.