Important New Legal Judgement Rules That Walking Through Pain Is Not Acceptable For PIP

Same Difference

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…

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