PIPS Tribunal SOF

M1CK

Hi, can anyone advise on the following.

I've recieved the SOR following my hearing., I was previously awarded 8pts Mobility. I believed I should have been awarded 12. I have been awarded 12 for the Daily Living part.

While checking for errors of law, I found the following.

1/ Evidence from a Ambulance man who happens to be by brother, the evidence states he takes me to medical appointments, physio etc & would encourage me to travel / take a journey.

The 'judge' quipped. 'Oh I didn't realise this was your brother' In the SOR there is no mention of it.

Is this an Error of Law?

I believe this evidence was vital for scoring 4pts

She also asked questions, why a Mr. A would say in his report that I would use a stick / cane while 'Out & About'

She highlighted my reply, II don't know, you'd have to ask Mr.A'

Fact is, I have no idea whi she is talking about, I was seen by a differmt person, a lady in fact Miss B.

Is this another Error of Law

I was asked by another panel member, I stated I could walk for 5mins in July 2023. I stated yes,

In July 2023 I was 2 weeks following a 2nd surgery in the space of 3 weeks on my hip pelvis area following, the 2nd being a THR & bone graph to the pelvis. a serious RTC at the start of June that year.

I was on crutches at that time & partial weight bearing. My medical notes show this,

I told the Judge, Im unsteady on my feet & prone to falling & have ended up in hospital due to this. I got no recognition of this then or in the SOR.

Also other medical evidence was ignored, I'm currently on the list for surgery on my left ankle, a screw is protruding 10mm out from the bottom of my tibia, I've a collapse ankle & have to use orthotics & a cane since 2022

Pain meds 30/500 co codomol & propanol & promehtize for nerves & sleep (PTSD)

In the summary, they are happy I can walk unaided & did not change the 8pts.

Any help or advice would be greatly appreciated.

Trevor_PIP

@M1CK it is a complicated area of an Appeal. I suggest you contact a benefits adviser like Turn2Us.

Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points

I have been in the same situation as you with the same issues, points I found had been ignored, but it was ignored again by an Upper Tribunal Judge that looks at your claim to decide if a Upper Tribunal hearing is required, he stated no error of law in my case. Be aware too that you could wait another year for the Upper Tribunal hearing.

From what you say your current condition does not match your award given. You could go the Change of Circumstances route.

Rosie_Scope

Hi @M1CK, As Trevor has pointed out above, this is quite a complex point in the tribunal so it's well worth speaking to a professional benefits adviser if you can. They should hopefully be able to look at your case and tell you what is or isn't an error of law. The link is here in case you need it: https://advicefinder.turn2us.org.uk/

Hope you can get some clarity on it soon.

M1CK

https://forum.scope.org.uk/discussion/comment/1091007#Comment_1091007

Thanks Trevor, I’ll give that a go for sure if the eeeor of law fails.

I believe disagreeing evidence from my brother ( a professional ambulance man ) would have awarded 4pts ( planning a journey )

Plus they claim u walk unaided, bundles I evidence to show I’ve been on crutches or a cane sine 2022

M1CK

Thanks Rosie, I’ll be getting in touch with an advisor who deals with this.