Hi all,
Won PIP tribunal: 0 points to DL
11, Mob 8 - Standard, Standard. Happy, obviously, but thought I'd get
Enhanced, Standard or Enhanced, Enhanced. Trying to figure out whether
the tribunal made an error of law wrt Mobility Question #2.
The tribunal awarded me 2b (I don't agree - I think 2c, but whatever).
2. Moving around.
a. More than 200m. 0 points.
b. 50m - 200m. 4 points.
c. 20m - 50m unaided. 8 points.
d. 20m - 50m aided. 10 points.
e. 1m - 20m. 12 points.
f. Cannot, either aided or unaided, –
(i) stand; or
(ii) move more than 1m. 12 points.
Case law says that moving around relates to a normal out of doors surface - including kerbs and reasonably flat pavements.
My question is: Does it only involve moving around outside? I thought that it involved moving around inside, too.
For reference, my mobility is extremely variable. I have chronic pain,
which includes sciatica and acute lower back muscle spasms. The more I
walk (or stand or sit, etc.) the more pain and fatigue I get, and the
more likely I am to trigger sciatica and/or a muscle spasm. I can still
walk with sciatica, but the pain is much worse. Back spasms are BAD.
Pain ranges from 6-9.5/10. Stiffness increases with pain level, and
mobility decreases. I can't use aids.
I'm
only capable of leaving the house ~1-2 days a week. The other days I
can't move far enough to be able to leave the house. My mobility varies
as follows:
15% of time (good days): Can walk
160m, with rests, to shop. Rest, then walk around (small shop). Rest,
then walk 160m back, with rests. This increases pain, fatigue and
stiffness, and may trigger sciatica and/or a back spasm. I might be able
to repeat it once that day.
40% of time (avg
days): Could do same amount of activity as above, but pain, fatigue,
stiffness, and likelihood of triggering sciatica/spasm is increased, and
chances of having to lie down for the rest of the day, and having a bad
day the next day, are high. As a result I rarely leave the house on
these days, and if I have to (med appointment, etc.) I take a taxi there
and back and limit my walking as much as possible. At the hospital I
get pushed around by a porter.
30% of time
(bad days): incapable of most activities I could do on an avg day.
Generally in bed all day except for trips to bathroom, and sometimes
kitchen, which increase pain, etc. Even getting to kitchen is hard.
15%
of time (worst days): In bed all day. Need assistance to stand/walk. If
no assistance available, have to crawl (humiliating).
So I thought: Good days Avg days Bad days Worst days
15% 2b 40% 2c 30% 2c-d 15% 2e
I figure that's 2c, no?
Sorry for the length.
