PIP change from 50-20m walking found legal.

rogerblack

At the time of the initial challenge (in 2012), the reduction of distance needed to be able to be moved to gain 12 points was changed with very little consultation from 50-20m.

This lead to an initial challenge, which failed.
This was then appealed, and it has just been decided the initial consultation was fair.

In the meantime, things changed a bit, meaning this unfairness is rather less, and in many cases may be more favourable to people with low movement than DLA.

The PIP regulations 2013 added that to be able to do a thing, you needed to be able to do it as often as reasonably required, safely, reliably, to an acceptable standard, and in no more than twice the time taken by a non-disabled person.

In principle, this can be lots more favourable for many than DLA, where being able to 'walk' 50m very very slowly was often enough to disqualify you.

50Twuncle

rogerblack wrote: »

At the time of the initial challenge (in 2012), the reduction of distance needed to be able to be moved to gain 12 points was changed with very little consultation from 50-20m.

This lead to an initial challenge, which failed.
This was then appealed, and it has just been decided the initial consultation was fair.

In the meantime, things changed a bit, meaning this unfairness is rather less, and in many cases may be more favourable to people with low movement than DLA.

The PIP regulations 2013 added that to be able to do a thing, you needed to be able to do it as often as reasonably required, safely, reliably, to an acceptable standard, and in no more than twice the time taken by a non-disabled person.

In principle, this can be lots more favourable for many than DLA, where being able to 'walk' 50m very very slowly was often enough to disqualify you.

Does that 20 metres include any walking aids (stick, crutches, brace ...) ?
And how many points does this give you ?

CTcelt1988

It does include walking aids.

rogerblack

50Twuncle wrote: »

Does that 20 metres include any walking aids (stick, crutches, brace ...) ?
And how many points does this give you ?

The requisite current descriptor which gives 12 points and entitlement to high rate mobility is:
'Can stand and then move more than 1m but no more than 20m, either aided or unaided'.

Current guidance is that a wheelchair is not an aid, and that you need to have to be able to 'walk' in some manner, not stand and then transfer to a chair.

If you can stand and walk 21m using any aid - stick, walking frame, brace, ...
As long as you begin by standing on at least one biological foot, pretty much any reasonable aid, or an aid which you use can be assumed. (this is extracted from their guidance)

_HOWEVER_.
As noted above, the major caveat is that it has to be repeatedly, reliably, safely, and under twice the time.

Repeatedly means not only 'how many times do you have to do this minimally a day for nescessities' - it includes all aspects of a 'normal' life.

50Twuncle

rogerblack wrote: »

The requisite current descriptor which gives 12 points and entitlement to high rate mobility is:
'Can stand and then move more than 1m but no more than 20m, either aided or unaided'.

Current guidance is that a wheelchair is not an aid, and that you need to have to be able to 'walk' in some manner, not stand and then transfer to a chair.

If you can stand and walk 21m using any aid - stick, walking frame, brace, ...
As long as you begin by standing on at least one biological foot, pretty much any reasonable aid, or an aid which you use can be assumed. (this is extracted from their guidance)

_HOWEVER_.
As noted above, the major caveat is that it has to be repeatedly, reliably, safely, and under twice the time.

Repeatedly means not only 'how many times do you have to do this minimally a day for nescessities' - it includes all aspects of a 'normal' life.

What about myself - I cannot walk more than 4 or 5 yards without a leg brace without severe pain - and cannot wear the brace 24/7 - It digs in to my leg - and I have been told that it may cause DVT if I wear it too long
It takes five minutes to fit it - with help - so how do I rate ?
But with it on - I can walk reasonably comfortably - perhaps 400 yards !!
Perhaps - I should get a chair ???

rogerblack

50Twuncle wrote: »

What about myself - I cannot walk more than 4 or 5 yards without a leg brace without severe pain - and cannot wear the brace 24/7 - It digs in to my leg - and I have been told that it may cause DVT if I wear it too long?

The question would then be what limitation do you face - using the leg brace as and when.

It is not legal to assume that because you can do it once at a prepared time, you can do it.
Assuming for the moment that with it you can move safely, reliably, the issue would be can you do it repeatedly.

That is - as and when required throughout the day.
If, most of the day you have to be not wearing the brace, but can only put it on for special occasions, at any given point in the day, there is a likelyhood that you can't walk aided, because it's not on.