Crazy 20 metre is crazy

[Soundman101]

The 20 metre rule is so unfair

Can't walk unaided, I use bilateral crutches and a self propelled wheelchair

Recently had PiP assessment because I can move on crutches for 2 mins which they say 80 metres I have lost my entitlement to a Motablity car the nearest bus stop is 900 metres away train station 2 miles.

80% of disabled people can move a little

During my assessment I didn't get out of my wheelchair

[lainee]

Hi Soundman. I can imagine how frustrated you must feel. The first thing I would do is ask for the report from the assessment. This will show you exactly what was written and you can ask for reconsideration if you disagree which you are quite entitled to do. When you ring up to ask for it they may ask if you want to discuss with the decesion maker first. Personally I would get the report first so you can see exactly how your assessment was interperated and why they think you cape. You then have the facts in front of you and can respond . Hope this helps xx

[RAYJAYC]

Hi soundman

I've got my PIP appeal tribunal hearing next week.

As Iainee has said, get a copy of the report made and pick through it thoroughly to highlight any mistakes. The decision maker's letter should also be scrutinised and inaccuracies pointed out.

I found that without 'fresh medical evidence' the reconsideration doesn't change anything but keep going with your grievances - don't give up and take it to appeal.

I also wrote to IDS to point out the problems with the whole claims process and how unfair and flawed it is - didn't make any difference but if everyone that gets assessed for PIP writes to complain about it, maybe we'll get our point across!

You can also put a formal complaint in about the assessment itself with whichever company carried it out. All adds up and shows how certain you are that they've made mistakes in the process which has resulted in you being awarded incorrectly.

RAYJAYC

[Hidden]

Have you asked for. A mandatory reconsideration if walking gives you constant pain even after a short stop and usind aid affects your ability to walk you should have got some points you need to ring them up and tell them you want a M r

[nomoreheels]

You're not alone thinking this Soundman101. Many being reassessed in the changeover from DLA to PIP are falling foul of the change of goalposts from 50 metres to 20 metres in the walking distance criteria. It seemed even more suspect to me when I read that when the DWP consulted on PIP in 2012 it didn't mention plans to cut the criteria from 50 metres to 20 metres until after the consultation had closed!

Applying for PIP was my first foray into benefits. It wasn't a quick process by any means as I was subject to the habitual residence test. When I eventually received my application form & understood the qualifying criteria I didn't expect to qualify for enhanced rate in the moving around component of PIP, but neither did I expect that because I was able to walk 15 metres to the assessment room it was considered I could walk a further 185 metres. What wasn't taken into consideration was if I could do so within the descriptor, this is important. You may find the info on this link helpful, particularly what's set out under the heading Additional Information benefitsandwork.co.uk/perso.... My difficulty walking wasn't apparent though I explained at length in additional notes, but I hadn't clinical evidence at the time I applied because the problems I have walking hadn't been addressed, feet & ankles aren't included in the DAS 28 examination. So you could say that because I had no written medical evidence my problems weren't thought to exist. The annoying thing is just weeks after I heard that my request for reconsideration held my Rheumy eventually listened after 2 years of complaining & examined my feet. Had it not been for the one month limit to request reconsideration I would have had evidence needed from my Rheumy, GP & Podiatrist. Even if I requested an extension I wouldn't have been sure she'd have examined them, I was in a no win situation, just bad timing.

Do as others have suggested, request the assessors report, assuming you're still within the one month period to request mandatory reconsideration & gather as much additional evidence as you can. Do your homework, check out websites such as Disability Rights, NRAS, Benefits & Work & ask for advice from someone well versed in benefits at CAB or your local Welfare Rights Officer (your Town Hall should have a contact number).

Good luck & I hope you're successful. Do keep in touch, I'm sure many of us here would be interested in hearing how you get on.

[littleeffie in reply to nomoreheels]

Have you double checked the b&w site as believe you can appeal up to 13 months after if you have good reason which receiving medical confirmation might be .

Just a thought .

[nomoreheels in reply to littleeffie]

Yes, I did know that littleeffie but thanks. If I explain why I didn't proceed to appeal. My main disappointment, apart from the assumption & considered distance I could walk within the descriptor was not having automatic qualification for a Blue Badge. Where I live it's notoriously difficult to be awarded one, I live in a town highly populated with older residents, our Council had over subscribed BB's (I learned this from a reliable source). I decided I'd apply anyway, not really thinking I'd be given one, & if wasn't successful I'd go to appeal for PIP (though I admit might have bailed out as I was concerned that I could risk my original award, enhanced daily care). So I took all the evidence I had from my PIP application & had a tele-link assessment (no physical, my word was good enough) & I was fortunate to get one. I've found it invaluable, particularly for hospital appointments, both for myself & twice daily visiting my h as the multi storey car park on site is a long way from both Cardiology (which has limited spaces by the unit) & Rheumatology in the main building..... plus it's expensive!

Have you gone through the process? I hope if you have you haven't had to go through the rigmarole many seem to go through.

Thanks again.

[BoneyC]

80 Metres on crutches is fast! Recommend the Benefits & Work website for PIP & ESA claims. Good luck!

[Soundman101 in reply to BoneyC]

When you been on them all your life ,I didn't say 80 metres I said about 2 mins with out resting DWP said 80 metres , at the assessment I didn't get out of my wheelchair.

So I don't know how they came to 80 metres can on drive an adapted car auto with left foot control.

So it's going to be intresting

[Stephenlangtonriley]

The benefits and work website only gives detailed information if you subscribe to it, not very expensive but not free either.

I hope you had a witness or had recorded the assessment at the time. I have had 2 instances of lying, the second one I have recorded and will be formally raising a pointless ATOS complaint and one to the assessors professional body, the following assessment was on the understanding that I would take a verbatim written record of it and have a witness with me, no errors or lies recorded this time and PIP was awarded to me, over a year after my first one was turned down, even at appeal and I have since discovered that a report was available at that first one that wasn't given to the tribunal, which I have now requested a copy of to apply for a set aside of the original tribunal decision.

Be very wary when dealing with DWP, ATOS, CHDA and CAPITA as they are not helping you and will try to avoid recording by insisting that you buy police style recording equipment which may result in the reports not being truthful if you dare to go on your own, always have a witness and write down what is said. It doesn't matter how long it takes or if the assessment is cut short because you are then in pain, you need evidence of what has taken place and been said by you and the assessor. I must add that having a witness concentrates the assessors mind and makes for a more truthful report. Remember to mention any and all aids you use, walking stick/s, dressing aids (plastic box in my case), bathroom rails, tablet boxes et al.

It is important to also remember that this 20 metre rule also has the proviso "in a timely manner", as do any of the other task related questions, it takes me about 5 minutes to do it, if I can manage it at all, so I get taken out twice a week by a friend, I live the high life with bingo on Friday, :).