Blue badge rejected despite being disabled

GloriaShaw85

Hiya,

id like assistance with with appealing a decision to reject a blue badge request. Person applying doesn’t want to apply for DLA/benefits, as they don’t want to be a burden on the government and take away from the benefits pot for disabled people, as they can manage their disability privately (and rightly so I suppose- if you have the capability to privately manage your health needs, then it’s rather admirable to not take something that is available to you if you can). 

Anyway, person has a metal rod in their right leg, and has three toes, and walks with a splint/support up till their knee. Pictures were also submitted, (which was a bit invasive to that person - they’ve never exposed their leg/foot to others, except medical professionals, so they were quite alarmed with doing this and didn’t want to, but I insisted it would aid in the application) and detailed r the difficulty and pain whilst walking, yet they’ve been refused the badge.

here is what was posted back. The council had to use Dependability to assess the application due to covid or reduced staffing issues. 

 

The report from Dependability stated you confirmed you have congenital deformity in your right leg (shortened and missing two toes), twisted right knee and hip, flat right foot. You use leg and ankle splints at all times and have undergone 8 surgeries in the past on your right leg. You are under the care of the Royal National Orthopaedic Hospital who are managing your condition with orthotics and physiotherapy. You currently put all your weight on your left leg causing significant muscle wasting on your right leg. During your call you advised that you are able to walk 100 to 200 metres with some pain and you find climbing the stairs difficult. You use no mobility aids including wheelchair.

Following your Telephone assessment the assessor considers that the level of walking difficulty is not considered to meet the definiton as defined by the Department for Transport which are:

• You do not meet this criteria as you can walk

• You do not demonstrate very considerable difficulty whilst walking

• You do not demonstrate very considerable psychological distress whilst walking or

• The assessor considers that you are not at serious harm when walking and do not pose a

serious risk to others when walking.

Based on the difficulty walking outlined above the assessor considers that you have some difficulty travelling and accessing services.

The level of walking difficulty discussed on the telephone does not meeting the definition of the above as defined by the Department of Transport and therefore you are not eligible for a Blue Badge at this time.

Many thanks. 

Spoonie_Turtle

You can appeal if you believe they should meet the criteria for a BB.  Are you certain they meet the threshold of having 'very considerable difficulty'?  

You may find this page useful https://www.gov.uk/government/publications/the-blue-badge-scheme-local-authority-guidance-england/blue-badge#determining-the-eligibility-of-individual-applicants

A select part but definitely read the whole of that section

4.50 The distance an applicant is able to walk without excessive pain or breathlessness; taking due consideration of the environment the individual usually walks:

• if an applicant is unable to walk 30 metres (33 yards) in total, then their walking ability is not appreciable, and they can be deemed as having very considerable difficulty in walking’
• the applicant may be deemed eligible if they can walk 30-80 metres (33-87.5 yards) without pain or breathlessness, but demonstrate very considerable difficulty in walking through a combination of other factors - for example, extremely slow pace and/or their manner of walking
• applicants who can walk more than 80 metres (87.5 yards) and do not demonstrate very considerable difficulty in walking through any other factors would not be deemed as eligible

4.51 The speed at which they are able to walk. As a guide, a typical adult can walk in a minute:

• brisk pace - >90 metres per minute
• normal pace - 61-90 metres per minute
• slow pace - 40-60 metres per minute
• very slow pace - <40 metres per minute

4.52 If an applicant cannot walk 40 metres (44 yards) in a minute (a pace of less than 0.67 metres/second), including any stops to rest, then this is an extremely slow pace which is likely to make walking very difficult when considered in isolation.

4.53 If an applicant can walk 40 metres (44 yards) in less than a minute (a pace of 0.67 metres/second or more), including any stops to rest, then the speed at which they walk is not likely to make walking very difficult when considered in isolation. The applicant may still be considered eligible if they demonstrate very considerable difficulty walking through any other factors.

4.54 The length of time that an applicant is able to walk for. For example, if an applicant is only able to walk for less than one minute in total then walking is likely to be very difficult for them.

The distance they've said they can walk may not demonstrate a high enough threshold of difficulty walking.  But are they in considerable pain?  What's the manner of their walking?  Fatigue in their other leg/hips?  Can they repeat the distance - if not, what is the furthest they could repeatedly do with breaks in between?  (Extrapolating there from how PIP is assessed, given that the PIP descriptor of "Can stand and then move unaided more than 20 metres but no more than 50 metres" is what automatically entitles a person to a Blue Badge.    https://pipinfo.net/activities/moving-around)



Incidentally they should not feel like applying for help to which they may be entitled (PIP) would be 'taking away' from anyone else - it is not a case of there being a set pot and once too many people have applied there's none left for anyone else (contrary to what some public messaging / media articles might imply).

Should they find themselves struggling financially, particularly as the cost of living jeeps rising, then there is absolutely no shame in applying for help - quite the opposite, it takes strength to lay the everyday difficulties bare on the application form and in the assessment.  Nor are we burdens and I'm sorry the person you're helping feels that way.

GloriaShaw85

What are your thoughts on the following being sent to appeal:

Dear Sirs,

I wish to appeal the decision to reject my request for a blue badge, as I have a permanent and substantial disability, which causes very considerable difficulty in walking. 

I have a shortened right leg, am missing two toes, have a twisted right knee and hip, and have a flat right foot. I have undergone 8 surgeries in order to attempt to alleviate the pain and to try to allow me to be able to walk. However, in order to be remotely mobile, I need the aid of an ankle and leg splint (picture attached) at all times, which helps to reduce, but not eliminate, the dizziness and off-balance I feel when standing/walking. 

I am presently under the care of the Royal National Orthopaedic Hospital, who are managing my condition with orthotics and physiotherapy.

Unfortunately, standing and walking has caused me to put almost all my weight on my left leg, which has caused significant muscle wasting on my right leg, and put pressure on my left side, causing a deterioration of my overall health, and thus, a lot of pain, tiredness and, at times, breathlessness, when walking and/or standing. 

At present, my quality of life is bare. Due to the pain and tiredness walking has on me, and the physical and mental preparation it takes to go outside to run errands, socialise , eat out etc knowing I will be in pain, it is overwhelming and time consuming; as a result, I am forced to be more reclusive, relying on using online shopping services or on friends and family to help get things from outside. I actively avoid going out to socialise or run errands because it is disheartening. I have to ask to be dropped outside the premises, because:

i) I need to fully extend a car door to get in and out, in order to gain balance from sitting to standing, which is challenging  from a regular car parking space, and,

ii) the distance between the vehicle and where I wish to go being too far, and if attempting to walk, would cause pain, tiredness, breathlessness and thus I wouldn’t be able to enjoy or fulfil the reason I had decided to go out, as I would 

iii) waiting/standing alone after being dropped, until companion has parked tires me and subsequently causes pain too, as I’m not confident walking on my own in case I lose my balance and fall (which has happened before-at least of a companion is with me, they can help if I fall by calling for help or physically helping me etc)

I would be grateful if the Council would be so kind as to reconsider my application and grant me a blue badge. 

Many thanks and kind regards,

p00hsticks

Sorry, no thoughts on the topic, but can I suggest that if you are using your real name as your username you should probably change it to something that makes you less susceptible to identity theft (I'm not sure it;ssomething you can do yourself, you may need to get in touch with the Forum team nad ask them to change it for you)

Spoonie_Turtle

I don't know, I've fortunately not had to appeal a BB decision.  My instinct tells me you probably need to focus on the "very considerable difficulty walking" criterion - needing a wide space and feeling a bit anxious without a companion most likely won't meet any of the other criteria. 

The assessor has acknowledged the person's physical problem but don't think it reaches the threshold of very considerable difficulty, so I'd have thought the focus needs to be on that.  That means explaining the effects of walking xyz distance and how it affects their ability to do anything (e.g. actually do the shopping, socialise, eat, etc.) if they've had to walk too far to get there.  Here you need to remember the kind of distances they talk about in the eligibility guidance, and whether the person has very considerable difficulty with such distances. 

[Rhetorical questions in this paragraph.]  How far can they go before significant pain/fatigue/breathlessness?  (You might also need to explain why they get breathless, as it's not immediately obvious from a physical leg issue.)  If they're in pain all the time then explain that too, along with what kind of distances walking exacerbates it - from what's written at the moment it sounds like they're okay until they have to walk an unspecified distance (how far is too far?), and 'just' causing pain/other symptoms of unspecified severity may not be enough to reach the threshold.

There are other members here whom I had assumed might have experience with this but I can't know for certain.  If they are, hopefully they'll be able to actually advise soon rather than just my very inexperienced opinion!


Not rhetorical questions -
Have you been able to ask the CAB for help?
Is there a time limit to appealing the decision?

GloriaShaw85

Is anyone able to write what I’ve written but more eloquently and refined?

thank you for the advice we’ve added this too the statement: 

I am able to climb a small flight of stairs, but only whilst going slowly, one foot at a time, taking a break and whilst holding the banister, as the shifting of weight when climbing stairs causes pain to my right knee, ankle, and foot. It can take approx 45s to climb 10 steps, as it is painful and I need to take breaks in between the pain and breathlessness. Consequently, I sleep downstairs in the drawing room, and do not venture upstairs in the house, as it is too exhausting and painful to do daily.  

poppy12345

I think you’ve focused mainly on the wrong things. I agree with Spoonie. I can’t see how not being able to open the car door wide enough is going to help here. 

In your first comment you said that the person said they can walk between 100 and 200 meters but this is outside the BB criteria for walking.

Climbing stairs isn’t taken into consideration either so I don’t understand why you’ve added that. 

You need to focus on why they unable to walk without severe pain. 

Unfortunately, no one here is going to be able to help you write this because we don’t know anything about the persons conditions. We can you give you pointers.

theoretica

Has the person spoken about this to their physio, or other medical expert who knows their walking?  They may be able to advise how their walking compares to other people who do or don't get blue badges and may have useful advice.

sheeps68

If you appeal you need to be able to state I can only walk ??? distance before I get considerable pain and let the facts speak for you. However if this distance really is 200m then you do not qualify at present unfortunately.

TBagpuss

I think you need to focus on the specifc rules and the criteria that Spoonie Turtle set out (but as they saf, read the full thing) and efer to that in your appeal.

e.g.

I experience very significant difficulty when walking in that - then give examples.

For instnace, if what you have quoted is an accurate reflection of whart you saif to them, you don't automaticlly fit the criteria a you told them you could walk 100-200m and the test is about whether or not you can walk 30m.

So - if you didn't say you could walk 100-200  then say so. IF you did, and assuming that it is accurate, the you will need to focus  on why you have significant difficulties THAT MEET THE CRITERIA for isntance, time yourself walking to see which of the speed categories you fint into then tailor your appeal accordingly. For instnace, if you find that it takes you 5 minutesto walk 200m then you'd write something like 

While I can walk up to 200m on a good day, this caused me very significant difficulties. In particular, it takes me around 5 minutes to cover 200m (or arounfd 40m per minute). I frequently experience breathlessnesss and dizziness when walking and typically have to stop to rest 4 or 5  times while walking 200m.

Also - if you abilitie are variable then make this clear - e.g. "on a good day, I can walk up to 200m provided that I can stop and sit down part ay.On a bad fay I can onlywalk 20-30 m"

(Obvuiously  this is purely an example - you need to be specifc about what you personally can and can't do)

Look at the other criteria and what the assesment says. For instnace, they have said you use no mobility aids - is that correct? IF you ever use a walking stick, even if it is not all of th time, then say that you do. You may also want to make the point that the splints are a mobility aid and that without them youcannot walk at all, or can only walk x meters (whetever the reality for you is) 

also, I think you need to tailor the information about the the mental difficulties to the criteria .

State specifcially that you have very significant difficulties wlaking becaue walking causes pain, to the extent that you avoid going out if you know you will have to walk any distance as the paid of havingto walk is severe.

You can also look at the criteria about gettinf a blu bafge for anxiety or other mental health issues to see whether those creiteria apply 

Did you have aletter from your consultant to support your applicantion? 

Also - it may be worth applying for PIP.I belvie that if you get it at certain levels this means that you automatically qualify for a blue badge 

good luck

GloriaShaw85

@TBagpuss

Hiya,

Thank you so so much for taking the time to write back and read what I wrote. Your advice was so good and kind and just quite motivating and not mean or condescending and I really appreciate your taking the time to write and advise (: thank you