Pip mobility changes may be illegal – your help is urgently needed

[Like-Im-Being-Ripped-Off]

Your Support Needed Before Its To Late!

PIP ENHANCED MOBILITY ONLY FOR PEOPLE WITH INDOOR MOBILITY PROBLEMS

The DWP appear to be planning to only pay the enhanced rate of the mobility component of PIP on physical grounds to claimants whose mobility is so restricted that they have difficulties moving between rooms indoors. Those who can manage indoors but have difficulty outdoors may only be awarded the lower rate of the mobility component.

Atos and Capita, the companies carrying out PIP assessments, have been told that:

“20 metres is considered to be the distance that a claimant is required to be able to walk in order to achieve a basic level of independence in the home such as the ability to move between rooms.

“50 metres is considered to be the distance that a claimant is required to be able to walk in order to achieve a basic level of independence such as the ability to get from a car park to the supermarket.”

To score the required 12 points to get enhanced rate mobility for physical health problems alone, a claimant must prove that they can’t stand and move more than 20 metres even using aids and/or with assistance. This means that in the majority of cases the private sector health professionals are likely to be looking for evidence that the claimant has problems with indoor mobility, rather than outdoor, if they are to be awarded the enhanced rate.

You can read more on this here (open access)

 

 

 

PIP MOBILITY CHANGES MAY BE ILLEGAL – YOUR HELP IS URGENTLY NEEDED

Meanwhile another group of claimants has secured legal support to challenge the last-minute change to the PIP regulations which deny enhanced rate mobility to anyone who can stand and move more than 20 metres.

They will be arguing that the failure to consult about the reduction of the limit from 50 metres to 20 metres means that the change is unlawful and should thus be quashed. If successful it would be a bigger blow to the government than today’s forced labour ruling. The result would be that the DWP would be obliged to consult all over again on the changes before they can be introduced. In the end they can still ignore the results of a new consultation, but they will face a very determined battle and will have no opportunity to claim that disability organisations supported the changes.

At the very least it would set the introduction of PIP back months. At best it could even result in a fairer set of rules for the mobility component.

But the campaigners desperately need claimants who fit very tightly defined criteria to come forward to be the ones who actually challenge the DWP. In order to bring the case, assisted by Leigh Day solicitors and barristers from Doughty Street Chambers, they need claimants:

Who are eligible for legal aid – check your eligibility here (external site)

Who currently have a DLA award including Higher Rate Mobility component

Whose DLA award is NOT due to expire until after October 2013

Who, on re-assessment under PIP, whenever that occurs, are at risk of losing out on the enhanced mobility component of PIP because they can walk over 20 metres or so but cannot walk up to 50 metres.

Who do NOT have any difficulty planning or following a journey (eg due to mental health, cognitive or sensory impairment).

There are other criteria which are desirable rather than essential, which you can read about on the blog (external site) of highly respected and experienced ‘We Are Spartacus’ campaigner Jane Young.

If you think you fit the criteria and are willing to take part, please contact Jane via her contact form as soon as possible, time is very short.:sad:

[worried33]

In my opinion this is planned for a while.

 

We have the DLA handbook where assessors are told if someone can move around indoors they can probably walk 200m (which denies DLA).

 

So I think they have been working under this sort of basis now anyway but just unofficially.

 

eg. when I got assessed for DLA last summer, I wasnt asked to walk outside, they couldnt assess me for 50m in my flat because it isnt big enough, yet I was just asked to walk 3 steps.

 

Also its almost comedy that they consider walking from a car to a supermarket 50m and independence, not only is someone lucky to get to a supermarket in under 50m they would be no point going to a supermarket just to stand at the entrance, one has to move around a supermarket which is a lot more distance than 50m. It seems there is some very imaginative minds in the DWP.

[cleaver]

There is a lot of sense in this when you think about it.

 

In my opinion 50 metres is a very very long way (160') to be tested on to see if they are able to walk. I think that there should be two tests, one for indoors and one for outdoors.

It is pretty clear that if someone cannot walk 20 metres indoors, they would find it just as hard outdoors.

 

What they are trying to do is to find those that are so severely disabled and those that are not so.

 

I personally know the difference when I look at my wife. She has great difficulty even walking from room to room yet I am quite able with my stick to walk upto 50 metres. Given that my wife is more disabled than I am and deserves a higher degree of help.

 

PIP is evolving slowly into something that makes complete sense to me.

 

Only yesterday in the hospital car park I had one guy start talking to me about his mobility car which eventually led to the changeover to PIP. He said that he was waiting for a new hip which will solve all his mobility problems, yet he still objected to being tested for PIP afterwards! He didn't see why he shouldn't lose his car after the op.

 

PIP has a lot of people frightened moreso those that realise that they won't pass it but refuse to admit that they are not as disabled as they like to think they are.

[worried33]

I am not sure I agree with it, and I think I dont been honest. If you cant walk around outside then you not independnet, especially when you have no aids that allow mobilisation.

 

But I do think that they have been working on this principle already that if they can see someone mobilise around their home ok they will by default deny them DLA HRM, makes perfect sense as on my DLA home visit I was not assessed outside and the distance I covered was barely 5 metres at the absolute maximum. So it seems to me they just making it official what they already been doing, but done in possibly in an illegal manner by waiting until the last moment to sneak it in.

[Surfer01]

I am 64 this year and have been awarded indefinite DLA so not sure if I fit the criteria requried in the OP as probably not due to a PIP assessment until 2015 by which time I will be over 65 years of age. If I lost my mobility payment we would be devastated as we use it to pay the HP on our car as we do not have a mobility vehicle. I have a mobility scooter which I use when out shopping in a town, but do not use it in a supermarket so have to stop frequently while doing the rounds down the aisles.

[Nystagmite]

As I understand it, (happy to be corrected if I'm wrong) those who reach 65 before 2015 will stay on DLA as long as they meet the criteria.

[Like-Im-Being-Ripped-Off]

As I understand it, (happy to be corrected if I'm wrong) those who reach 65 before 2015 will stay on DLA as long as they meet the criteria.

 

 

From October 2013 - The following DLA recipients will begin to be invited to claim PIP:

 

• Children turning 16 (unless the child is terminally ill)
  
• People reporting changes of circumstances which would affect their rate of payment (this does not include payability decisions as a result of going into a care home, hospital or prison or other changes of circumstances e.g. change of address). The rate of DLA will not be adjusted;
  
• Fixed-term DLA award recipients whose award expires from the end of February 2014 (reassessment activity starts approximately 20 weeks before existing DLA awards end); and
  
• Self-selectors (includes those with indefinite or fixed-term awards).
  

From October 2015 - All the remaining claimants in receipt of a DLA award will be invited to make a claim for PIP. DWP will randomly select those recipients of DLA in receipt of an indefinite award or a fixed term award, and notify them about what they need to do to claim PIP. DWP will invite claims as early as possible from recipients who have turned 65 after 8 April 2013, when PIP was first introduced.

They seem to be the first to be reassed.

Nystagmite

[Nystagmite]

Thanks for clearing that up.

[cleaver]

I am 64 this year and have been awarded indefinite DLA so not sure if I fit the criteria requried in the OP as probably not due to a PIP assessment until 2015 by which time I will be over 65 years of age. If I lost my mobility payment we would be devastated as we use it to pay the HP on our car as we do not have a mobility vehicle. I have a mobility scooter which I use when out shopping in a town, but do not use it in a supermarket so have to stop frequently while doing the rounds down the aisles.

 

 

I would try to ensure that if you are relying on your HRM to pay the HP, that the vehicle is paid for by October 2015. HP payments due after that date may not be covered by DLA as you are in that category of the very first to be assessed under PIP.