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PIP Mobility Moving Around

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Waylay
Waylay Community member, Scope Member Posts: 973 Pioneering
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.

Comments

  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited December 2018
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    Can you prove what you are saying on the balance of probability? If not then the assessor's report wins.

    I could say that I stay in bed 24/7 but that would be untrue.
  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
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    @Yadnad
    They set the assessor's report aside.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    This is something you need f2f trained advice for. First ask for the statement of reason and record of proceedings then get proffessional help
    Be all you can be, make  every day count. Namaste
  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    edited December 2018
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    Thanks @CockneyRebel. You talking about CAB or a solicitor?
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    I doubt that CAB will have the expertise to distinguish an error in law
    @Username_removed may be able to offer some advice
    Be all you can be, make  every day count. Namaste
  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
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