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Hi, been turned down on mobility allowance and now looking to go to tribunal

LeighWinklessLeighWinkless Member Posts: 10 Listener
edited February 18 in PIP, DLA and AA
Hyper-mobility syndrome- been turned down on mobility allowance and now looking to go to tribunal but very worried.  

Replies

  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    Hi there and welcome 

    Dont be worried about tribunal there are lots of members who have been through it and been successful 

    Have a look in our PIP section and we are here to offer support and answer any questions you may have 
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    Thank you Janer1967 for replying to my post. Just worried i haven't got the right evidence and wouldn’t stand a chance of winning. 
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    I appealed my work capability and won and I hardly had any evidence just me 

    It isnt about evidence you are your own best evidence . Just make sure you prepare 

    Give examples of what happens each time you try and do a task . Go through the descriptors you think you should score more points one by one 

    Tell them how you can or can't do them if you cant do them why cant you.  Do you need aids or support , can you do them safely , reliably  repeatedly 
    Have there been any consequences of trying to do a task 

    Go through the bundle and prepare counter argument to the reasoning why you haven't been awarded 
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    Its for my 7 year old son. So his walking has got worst. He cant walk longer than 4mins without serve discomfort he now has access to a wheelchair but thats very new. They turned him down due to him playing football and PE. Which he cant keep up with the other children has to rest all the time get  fatigue Quickly. Falls over all the time. Also turned him down saying no hospital admission due to falls
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    Low mobility states he is mentally aware etc which he is. But looking into things. He struggles with distance, speed. Length of time in walking. And server discomfort and then we have to carry him. So looking into things looks like he fits the bill for high mobility but i just don’t know. 
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    And well done on winning
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    Ok 

    I'm not as familiar with DLA as PIP 

    All you can do is say it how it is for him and the after affects of the walking.  I'm not too sure of the criteria and scoring for DLA mobility but there will be some info in the dla section or parents and carers 

    Have you got a date yet for the tribunal? 

    You could also get some advice from welfare rights 
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    No date yet. Wonder how long it will take. But your advice has helped
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    They seem to be getting through them a lot quicker than usual as they are phone tribunals but it all depends on the situation at the court you are assigned 

    Let us know how you get on 
  • Lou67Lou67 Member Posts: 891 Pioneering
    Hi I just wanted to wish you well with the appeal. Iv went through 2 and won both this was for pip. Good luck and take care.😊
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    Lou67 thank you for your response. Very scary doing this but i will fight as got to for my child 
  • Lou67Lou67 Member Posts: 891 Pioneering
    Aw bless you, I’m sure you’ll do great for your son. As all mums do. 
  • Lou67Lou67 Member Posts: 891 Pioneering
    Sorry I ment to say, I waited 5 months for my last one in November which was really quick. My first appeal took nearly 18 months pre covid. So it’s definitely quicker by telephone. 
  • mikehughescqmikehughescq Member Posts: 6,621 Disability Gamechanger
    4 minutes walking? How far? What speed? What manner? When does severe discomfort kick in? Those are your issues. The best evidence is a vivid detailed description of what happens from before he starts walking through to when he feels SD to when he stops. Medical evidence can't assist much with that. It's all about detailed description. Very hard to get that info out of a young child but that's ultimately what you need to do. 
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    Thank you for your response mikehughescq. He can walk for up to 4mins at a slow pace is behind on all his classmates. For his age and OT put that in in report. He then then then get very fatigue quickly then stops and then can no longer walk due to the serve discomfort. And then has to be carried. The more fatigue he gets the more he then falls and accidents accur
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    The discomfort happens after about 4 mins of walking. He now has a wheelchair to help him get around outside but this is very new 
  • mikehughescqmikehughescq Member Posts: 6,621 Disability Gamechanger
    Okay, I think you need to be careful with that. Two reasons:

    - you're not necessarily describing someone virtually unable to walk. 
    - severe discomfort is not measured by when you can no longer walk. Severe discomfort can start earlier and then eventually hits a point where you can no longer walk. 

    The reason this latter point matters is that only the distance walked in the absence of severe discomfort is counted as walking distance. So, if he can walk 100m in 4 minutes but is actually in pain before he starts walking and every step he walks has actual pain then the distance he can walk in the absence of severe discomfort is nil. Pain and severe discomfort are different and should be given their plain English meanings. Thus there is also a difference between discomfort and severe discomfort as well as actual pain. 
  • LeighWinklessLeighWinkless Member Posts: 10 Listener
    Think this is my issue explaining it properly my son has gone from a healthy young boy. To a boy that can now barely walk and wheelchair bound. They explained in there decision that they have excepted  that he has a mobility issues. So i dont really know
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