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Thread: Applying for a blue badge when I can walk. Help explaining my condition and evidence?

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  1. #1

    Applying for a blue badge when I can walk. Help explaining my condition and evidence?

    Hi,

    I get really frustrated these days because I am over 21, walk a lot but also get extremely tired on my days off from work. I just started my new job in a supermarket and now I have back pain ahh. I get lower DLA for mild Cerebral Palsy which won't get better

    I applied for a blue badge last year because I was fed up of being tired. I failed the assessment. They basically said I need to buy a walking aid or wheel chair before I can get a blue badge. I don't need any of those things yet. I lean on things when I'm tired, thats my aid. I hate that just because I'm not in a wheel chair they assume I don't struggle but I do because of the amount of effort it takes me to walk.

    I can walk long distances. I am a very determined person but there are some days when I am exhausted from walking and I don't leave the house and when I do go shopping my legs are stiff and I fall over. What I am saying is how can they possibly assess me from a 5 minute walk. I get tired and I will manage my life around those times. I will sit down a lot when shopping and not leave the house after work. I do get out of breath but not all the time depending on the amount i've done in the day.

    I don't have any recent evidence from a doctor. I don't do physio as I manage it my self. The fact that I walk keeps my muscles stretched but it also causes a lot of pressure. I'm not as young as I used to be and I want the choice to walk less if I'm tired on that particular day so that I'm not in so much pain.

    How do i explain to them that my disability varies. I told them last time that the main reason I was applying was so I can avoid falling over when out and about.

    Any help please
    Last edited by alicesmile; 15-01-14 at 18:06.

  2. #2
    I cannot see the post I edited oh its ok now
    Last edited by alicesmile; 15-01-14 at 19:03.

  3. #3
    Senior Member
    Join Date
    Apr 2013
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    109
    Have you considered applying for PIP (the scheme which replaced DLA). If you are awarded 8 points or more in the ‘moving around’ activity of the personal independence payment (PIP) you qualify automatically for a blue badge.

    To get 8 points you would have to meet descriptor 2c which is:

    Can stand and then move unaided more than 20 metres but no more than 50 metres.

    So can you walk 50 metres repeatedly and safely?



    edit - I was typing out this reply when your thread disappeared so thought I'd post it anyway.

  4. #4
    Hi, my DLA does not run out till 2015. Are you saying I should ask to change over. There then may be a risk that they don't give me PIP even though my condition is permanent.

    Well it varies. I am not sure how much 50 meters is but I can walk up the high street slowly at my own pace and if I walk fast I risk falling over and hurting myself because of my balance. If I force my self to go on a day out such as on a shopping trip I am exhausted and have a lot of muscle pain, feel like I want a wheel chair, get really hot and bothered. But I sit down and rest and walk back to the car eventually. I often get injuries in my feet for no apparent reason which makes walking more difficult.

    However on my bad days I probably wouldn't want to walk the street, I normally pop into the supermarket with my mum just to get out the house.

  5. #5
    Senior Member
    Join Date
    Apr 2013
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    109
    Sorry I did not realise you get DLA. In which case no, I would not recommend voluntarily changing over to PIP.

    Sorry I'm not too clued up on the blue badge scheme but if you edit your original post here re writing your details I'm sure someone more experienced will be along to offer advice soon.

  6. #6
    Thank you for the help anyway

  7. #7
    Quote Originally Posted by alicesmile View Post
    Thank you for the help anyway
    Hi Alice,
    It is best to check with the council in your area and apply for a discretionary blue badge. In my area the automatic qualification is the higher rate of mobility, but those not on that would have to apply for a badge and it would be up to the council to decide if you would be able to get one and what evidence they would need you to provide.

  8. #8
    I emailed them, they did not help me at all, they just offered to send me a form and that I would be welcome to re apply!

  9. #9
    Senior Member
    Join Date
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    3,512
    The criteria for a Blue Badge 'without further assessment' are set down in law and do not vary from area to area. The only difference is that Scotland and Wales grant automatic Blue Badges to those scoring 12 points on the PIP 'planning and following journeys' activity (cannot follow the route of a familiar journey without another person, assistance dog or orientation aid) and England does not.

    Lower rate Mobility DLA does not entitle someone to a Blue Badge. As Breaking Back says, 8 points or more on the 'moving around' activity in PIP leads to automatic Blue Badge entitlement, though that standard is roughly comparable to the higher rate Mobility DLA standard (which was widely understood as focusing on the ability to walk 50m, though the regulations did not contain a numeric distance).


    Once those in your area with expiring fixed-term DLA awards are being invited to claim PIP, it is possible to make a voluntary claim to migrate from DLA to PIP, though this is not advisable as you could finish up worse off. I have previously posted more about the DLA to PIP migration process.


    This leaves the 'subject to further assessment' route, which has got considerably tougher since the new Blue Badge rules came into effect in January 2012. These rules set the 'further assessment' standard as an independent mobility assessment, and stopped local councils from issuing Blue Badges based on a GP's signature.

    The test used for the independent mobility assessment is broadly the 'virtually unable to walk' test from higher rate Mobility DLA. The intention is that it allows through those who don't quite meet the higher rate Mobility standard, or who couldn't make a DLA claim because they are 65 or over.


    It is well worth reading the pink box on pages 19-21 (pages 23-25 of the PDF file) of The Blue Badge Scheme Local Authority Guidance (England), starting at letter (b) right at the bottom of page 19. This explains how the test should be applied and the factors that are relevant. Crucially, this guidance sets the focus on the the ability to walk 80m (as I said, the standard is intended to be a little lower than for higher rate mobility DLA), with the expectation that anyone who can walk 80m at a normal speed without experiencing pain or breathlessness will not qualify for a Blue Badge.

    Unfortunately, I think Alice's case for a Badge is marginal, which makes it important to explain the case as clearly as possible. Fatigue is clearly an important component of the problems, but this does not fit easily into the assessment format. However, as she can, by her own admission, walk long distances and was seemingly observed to be able to walk for five minutes on her previous assessment (which would take most people at least 300m), it seems unlikely that her walking problems are severe enough to qualify for a Blue Badge.


    The intention behind the 2012 changes was to focus the Blue Badge concessions on those with the most severe mobility problems. I appreciate that Alice has considerable problems with mobility, but it seems doubtful than another independent assessment will conclude that she is entitled to a Badge.

    Alice - I urge you to keep a diary of walking ability at different times of the day, based on distance and speed amongst other things. Most people have a fairly even length stride, so if you can measure the number of paces it takes you to walk the length of your path and then measure the path, it's then a question of counting paces. This will show you how your walking ability measures up to the standard.

  10. #10
    Hi, Just got back from work and saw this! thanks for the help. I will check this when I apply, it is very helpful as I have trouble explaining things about myself so will refer to this. My stride is slower than my mums and friends so I will definitely measure it at some point.

    I have a friend who is terminally ill and managed to get a blue badge, not because of how far she can or can't walk but because of her muscle weakness in the affected leg. I will try to focus on my balance and muscle pain. I will give the diary a go!

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