Disability - A Latent Existence

PIP 20 metre rule consultation back in court

This time last year we took the Department of Work and Pensions to a judicial review to decide if they properly consulted about cutting help for people who can only walk a few metres.

The original consultation did not make clear the plan to cut the qualifying maximum distance from 50 metres to 20. In quite strong language for a judge, the court noted that the consultation was “Mind-bogglingly opaque”, “At best ambivalent”, and “Convoluted, inherently unclear, ambiguous and confusing. No construction allows for full coherence.”

Nevertheless, the court found - very narrowly - in favour of the government and said that the second consultation, started after this judicial review was in motion, was enough to make things right.

This week we are back in court to appeal that decision. We argue that the second consultation could never have changed the decision that had already been made. The hearing will take place in the Royal Courts of Justice in London from 10:30 on the 14th and 15th of July. The judgement will follow a few days later.

It is frustrating that this case is about whether the consultation on PIP was fair rather than about the cut itself, but the courts cannot decide on government policy. As part of their defence the DWP pointed out that they are fully aware of the impact of their policy, and are removing DLA from “individuals with genuine health conditions and disabilities and genuine need” and “removing or reducing that benefit may affect their daily lives.” The DWP did do a consultation on their policy though, and that consultation wasn’t fair, so that is what we are fighting.

My Motability car, which I stand to lose if denied the high rate mobility component of PIP

Background information

As part of the Welfare Reform Act 2012 the government replaced Disability Allowance with Personal Independence Payments. Their main reason for the change was to introduce repeated frequent testing to see if claimants have miraculously healed. They also changed the maximum distance that you can walk and still qualify for help towards regaining your mobility. Under DLA the cutoff was recognised to be 50 metres. Under PIP it has been slashed to just 20 metres. This means that if someone can walk more than 20 but less than 50 metres (subject to a few caveats) then they will no longer get the highest amount for the mobility component of PIP. Assuming the person still qualifies for the lower rate of mobility, this is a cut of £35.65 per week. But worse than that, the higher rate mobility component is a gateway to all sorts of help including the right to lease a car or wheelchair through the Motability scheme. As a result of this cut more than a hundred people are losing their car every week, and many thousands more will follow when they are reassessed for PIP. Losing independent transport means losing independence and access to services.

A prominent example of this came just last month when Teenage Paralympian Kayleigh Haggo was denied the higher rate for mobility and lost her car. Kayleigh got her car back after the decision was overturned a few weeks later but this illustrates the problem that we are facing.

UPDATE
The hearing took place and seemed quite positive however the judgement will follow at a later date, probably October.

Previously on this blog:

PIP judicial review: Court rules against us but vindicates our case

Two weeks until PIP Judicial Review – 20 metre limit in the dock

Replacement of disability living allowance headline news for hours

Why I am suing the government

“Lots of folk can’t afford a car”

What you should know before pushing a wheelchair

Today my sister used a wheelchair for the first time. (We share the same inherited mitochondrial condition.) Her husband has little experience of pushing a wheelchair so I tried to give him some tips, which resulted in what I have written below. Believe it or not there is actually some skill involved in pushing a wheelchair and keeping the person in it comfortable. These are just observations from my own experience of being in a wheelchair pushed by someone else, but everyone is different. If you’re pushing a wheelchair for someone new then you should ask them if they have any preferences.

Communicate. Ask if there’s anything you need to know first. NEVER touch or move a wheelchair without permission.
Don’t overshoot checkouts and reception desks. If you are level, your passenger has gone too far past it.
Don’t bump your passenger’s feet into people, objects or walls. Particularly in lifts.
Don’t follow anyone too closely. (See previous point.) Your passenger is closer to them than you are, and seeing backsides that close gets tedious.
Watch out for oddly sloping pavements, especially near dropped kerbs. The wheelchair WILL veer sideways into traffic if you are not careful.
Look ahead for bumps. Dropped kerbs are often not dropped very much. Be prepared to walk a long way around via the road.
Always approach bumps straight on. If you are not lined up, stop and turn first.
It can be easier to go backwards over bumps if the wheelchair has large wheels.
Pay attention to the surface you travel over and take the smoother path. Cobbles can be painful or tiring for someone in a wheelchair.
Don’t let the wheelchair run out of control. Consider taking slopes backwards so you can hold back the wheelchair. CHECK FIRST!
If your passenger says stop, STOP immediately. (And, indeed, follow other instructions - see comments below.)
Try going through heavy doors backwards so you can push the door with your body.
Some wheelchairs have brakes operated by the passenger. Never assume that those brakes are on or off, always check.
If someone speaks to you when they should speak to your passenger, tell them so.
Be forgiving of your passenger. They have no control and that may make them grumpy. Wheelchair users: be aware that you might be shouting at your assistant more than you realise.
If you’re pushing a wheelchair very far then you’ll probably want to get some gloves.

Thanks to @knitswift, @chmasu, @missnfranchised, @lisybabe.

This is not how you should talk about disabled people

Sometimes I just have to comment on really bad reporting of disability. Today it is the turn of Ars Technica, a technology news website that I read every day. The story is about a woman who may have murdered her mother. Nevertheless, her actions don’t negate the harm done by this kind of language:

If it weren’t for daughter Gypsy Blancharde’s posts on Facebook, she would likely be seen as a missing wheelchair-bound cancer patient who survived Hurricane Katrina and who has become a victim of foul play herself.

Instead, the daughter—who can actually walk and was believed to have had leukemia and muscular dystrophy—faces murder charges alleging that she and her secret 26-year-old boyfriend, Nicholas Godejohn, killed her mother Clauddinnea “Dee Dee.”

Where do I start with this?

This woman is, in fact, someone who used a wheelchair. All the rest seems to be assumptions based on the fact that she was seen walking, that she is not “wheelchair bound”. I am also not “wheelchair bound” and frankly, that is a really offensive term. My wheelchair frees me, it enables me.

Wheelchairs are like glasses. You do not have to need them all the time to genuinely need them some of the time. Many people can walk a few metres or even further but still need to use a wheelchair for much of the time. Attitudes like that in the article are what make people call me a benefit cheat and a scrounger when I get out of my wheelchair to reach shopping on high shelves, or when I walk from car door to car boot to get my electric wheelchair out. The same applies to other mobility aids or other help with disability.

Please, stop talking about disability and disabled people in these horrible terms wrapped in stigma and judgement.