Important New Legal Judgement Rules That Walking Through Pain Is Not Acceptable For PIP
With many thanks to Disability Rights UK.
A significant new legal judgment holds that while someone may ‘push through pain’ in order to continue walking this does not mean that they are walking to an “acceptable standard” for Personal Independence Payment (PIP) purposes.
The new judgment means that consideration should not only be given to whether a disabled claimant can reliably walk up to 20 metres or 50 metres in total.
In addition, consideration should also be given to whether they are walking through pain before reaching 20 metres or 50 metres.
In CPIP/665/2016, Upper Tribunal Judge Markus rejects the Secretary of State’s submission that if pain was not significant enough to prevent someone walking it is only at the stopping point at which the pain meant that walking was to an unacceptable standard.
While Judge Markus finds that while the appellant in this case had not succeeded in showing that he could not walk over 50 metres repeatedly or within a reasonable time period:
“… he said that he did so in considerable pain … and that he would rather push through the pain in order to stay as active and independent as possible.
The tribunal was wrong not to consider what the impact of pain was on the appellant’s ability to mobilise the distance found to an acceptable standard.”
Same Difference 
Reblogged this on Christopher John Ball.
Reblogged this on disabledsingleparent.
Tweeted @melissacade68
this judge is like myself (lol)
full of commonsense and if only this country had it what a great country this would be in the world
A judge with some sense.
Reblogged this on michaelsnaith.
my knees hurt as soon as i get out of bed and even in the night when resting
There is an awful lot these drastically unqualified people need to realise about what we sick and disabled people do to maintain our dignity, and independence. We are not defined by our illnesses every second of our lives, we are not sub-humans, and we should not be expected to exist as though we are already dead.
Reblogged this on The Greater Fool.
Finally! Somebody in the decision making process with some common sense. People who are both sick & disabled will have varying degrees of difficulty. I, for example can go out today & walk easily, but tomorrow I may go out & be suffering. & may I just say that the winter months are even worse, not only for the pain levels, but from a personal point of view: BALANCE problems.
best not tell them I do fencing for 1 and a half hours a week. I have muscle damage too my foot and suffer with chronic pain. If I want too do something why shouldn’t I. besides if I stopped every time it hurt I wouldn’t get to the toilet and back.
just the fact that you can tell them would have them withdrawing benefits and no doubt they’d say ” he/she can tell us about how their disability affects them” , I was asked how did I walk to the tribunal building even though it could be clearly seen that I was in agony and had a walking stick , they found that to be acceptable , you’re dammed if you do and dammed if you don’t ,
i had a tribunal hearing yesterday and got high rate daily living due to not being able to prepare food, and that was after going to the lord knows how many tribunals with the evidence going back years, of the receipts I had for the pre cooked food that I had delivered to me , the evidence was there all along and now some 5 years later they’re like ” oh he can’t cook or prepare food” DUH how many times have I explicitly stated that
and the questions they ask bear no resemblance to reality , just what some crusty law maker has decided what the reality is concerning disability , I got arthritis every where , fibromyalgia , suffer from bad headaches brought on by stress , and guess what
there’s nothing wrong with my mobility , ironically I got a blue badge from the council without scoring points for mobility
I don’t know who’s worse the DWP , ATOS , or the tribunals , all that claim they want to help , yep they sure do , help you into an early grave
Checkout The Fraud Act –
Fraud Act 2006 –
http://www.legislation.gov.uk/ukpga/2006/35/contents
especially –
Fraud by false representation –
http://www.legislation.gov.uk/ukpga/2006/35/section/2
Sounds like the DWP $%£*% have certainly
“cause loss to another or to expose another to a risk of loss”
You have told them, so
“it knows that it is, or might be, untrue or misleading”
“conviction on indictment, to imprisonment for a term not exceeding 10 years”
http://www.legislation.gov.uk/ukpga/2006/35/section/1
–
Misconduct in Public Office –
http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/
“Examples of behaviour that have in the past fallen within the offence include:
wilful excesses of official authority;
‘malicious’ exercises of official authority;
wilful neglect of a public duty;
intentional infliction of bodily harm, imprisonment, or other injury upon a person;
frauds and deceits.”
“It carries a maximum sentence of life imprisonment.”
–
If you get any more Harassment or Victimisation from those criminal vermin checkout –
Equality Act 2010
http://www.legislation.gov.uk/ukpga/2010/15/contents
Especially sections 26. Harassment. and 27. Victimisation.
Perverting The Course of Justice –
http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/
Criminal Justice and Public Order Act 1994 –
Witness Intimidation –
http://www.legislation.gov.uk/ukpga/1994/33/section/51
And call the Police.
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***Always record Everything***