Question regarding PIP Application
Comments
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Wibbles said:I now have my KAFO full leg brace (After waiting almost 6 years for one) - it does help me to walk on the flat
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Yes - using my brace - I can probably manage 20 metresbut WITHOUT it - I am UNABLE to STAND and MOVE - Which is what I am saying in my previous post"If you use a wheelchair or mobility scooter, "Please answer the question by telling us how far you can stand and move WITHOUT using it"This is not a question - it is a statement
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Wibbles said:"If you use a wheelchair or mobility scooter, "Please answer the question by telling us how far you can stand and move WITHOUT using it"The reason they ask that question is because of Activity 2F... "cannot either stand or move, aided or unaided more than 1 metre". https://pipinfo.net/activities/moving-aroundAnyway, we are continuing to go round in circles again so for this reason i'm out. Good luck with your claim.
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You don't use a wheelchair or scooter. You use a brace which is, I think, an appliance and with that appliance you can move over 20 metres. Therefore you do not meet descriptor e. You do not accept that interpretation and we are only going to continue to repeat that we have different interpretations, hence my earlier comment that there is nothing to be gained by going over it all again.
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calcotti said:You don't use a wheelchair or scooter. You use a brace which is, I think, an appliance and with that appliance you can move over 20 metres. Therefore you do not meet descriptor e. You do not accept that interpretation and we are only going to continue to repeat that we have different interpretations, hence my earlier comment that there is nothing to be gained by going over it all again.
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"Individuals who cannot stand and move 20 metres, in a safe and reliable way, will receive 12 points and therefore the enhanced rate of the mobility component regardless of whether they need an aid or appliance"I understand that the KAFO is an appliance rather than an aidIn which case - even if I was able to move more than 20 metres with the appliance - WITHOUT it, I am still UNABLE to move anywhere near 20metres -due to excrucuatng painIt's simple EnglishSo - thats 12 pointsI have to crawl around the house on my hands and knees, due to inadequate wheelchair space - and anywhere outdoors, I am in a wheelchair.I realise that I may not have made it clear, previously, that I am a wheelchair user - for that I apologise !0
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And... There was no response!0
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Because we are simply going over the same ground as before.calcotti said: It was a (very long) previous thread about how to interpret the PIP descriptor on Moving Around. There is nothing to be gained, in my opinion, by going through it all again.calcotti said:.. we are only going to continue to repeat that we have different interpretations, hence my earlier comment that there is nothing to be gained by going over it all again.
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Pure and simple
"Individuals who cannot stand and move 20 metres, in a safe and reliable way, will receive 12 points and therefore the enhanced rate of the mobility component regardless of whether they need an aid or appliance"
Why can't you see the error of what you are claiming?
I assume that you know the meaning of "Regardless of whether'...."?
Will you also be denying my 12 points for care as well?
I give up0 -
Far too many contradictions in my opinion. Therefore there’s nothing further to add to what’s already been advised.0
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@Wibbles you are very adamant about this and the points you should recieve I truly hope you get what you are expecting
You seem very confident so I'm sorry but I don't understand why you keep on with this questioning and quoting
What will be will be will be very interesting to know what the outcome is1 -
@poppy123456
OK what is your interpretation of,
"Individuals who cannot stand and move 20 metres, in a safe and reliable way, will receive 12 points and therefore the enhanced rate of the mobility component regardless of whether they need an aid or appliance"?0 -
the Social Security (Personal Independence Payment) Regulations 2013Assessment of ability to carry out activities
4.—(1) For the purposes of section 77(2) and section 78 or 79, as the case may be, of the Act, whether C has limited or severely limited ability to carry out daily living or mobility activities, as a result of C's physical or mental condition, is to be determined on the basis of an assessment.
(2) C's ability to carry out an activity is to be assessed –
(a) on the basis of C's ability whilst wearing or using any aid or appliance which C normally wears or uses; or
(b) as if C were wearing or using any aid or appliance which C could reasonably be expected to wear or use.0 -
calcotti said:the Social Security (Personal Independence Payment) Regulations 2013Assessment of ability to carry out activities
4.—(1) For the purposes of section 77(2) and section 78 or 79, as the case may be, of the Act, whether C has limited or severely limited ability to carry out daily living or mobility activities, as a result of C's physical or mental condition, is to be determined on the basis of an assessment.
(2) C's ability to carry out an activity is to be assessed –
(a) on the basis of C's ability whilst wearing or using any aid or appliance which C normally wears or uses; or
(b) as if C were wearing or using any aid or appliance which C could reasonably be expected to wear or use.I know that the regulations are a different kettle of fish to the assessment guide - but why have they gone to the bother of producing a guide, if they plan to ignore it ?The regulations are 9 years old and must have been superceded several times - including 24th January 2022https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria
On top of our different interpetations of the rule - there is also the fact that DWP are totally unaware that I have a brace - as is my GP !
It was arranged independantly of normal procedures
And as advised by POPPY in another post - I do not update them
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poppy123456 said:No, you do not need to update PIP. You simply tell them during the assessment because most have them.
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Wibbles said:..The regulations are 9 years old and must have been superceded several times - including 24th January 2022..
https://www.legislation.gov.uk/uksi/2013/377
They are of course open to interpretation, which takes us back tocalcotti said:..we are only going to continue to repeat that we have different interpretations, hence my earlier comment that there is nothing to be gained by going over it all again.
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Thank you
Let's leave it until I hear of my success!0 -
poppy123456 said:Wibbles said:"If you use a wheelchair or mobility scooter, "Please answer the question by telling us how far you can stand and move WITHOUT using it"The reason they ask that question is because of Activity 2F... "cannot either stand or move, aided or unaided more than 1 metre". https://pipinfo.net/activities/moving-aroundAnyway, we are continuing to go round in circles again so for this reason i'm out. Good luck with your claim.
Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points
You can't state only one sixth of the relevant descriptor!0
This discussion has been closed.
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