Evidence for PIP tribunal

Cartini

Hi,

I received the result of my MR - no change.  I`m Enhanced for DL, but only 4 points for Mobility, the latter for which I submitted a Mandatory Reconsideration and I`m now considering taking to tribunal.

The problem I have is on the evidence side.  For my initial PIP application, I literally did a braindump of everything that I could think of - 54 pages worth.  I covered "warts and all" from having to clean myself because I couldn`t get to the toilet in time through to the pain caused by hoovering the carpet downstairs to providing diagrams of where the pain starts and where it spreads as it gets worse.  This is probably why I was "paper assessed".

I just can`t think of any additional evidence to provide.

Andy

Cartini

Hi Biblioklept,

I have lumbar & cervical spondylosis and lumbar spinal stenosis (plus a few other conditions that cause me very few problems).

Comparing the descriptors with the effects of walking (distance, speed, severity of pain), I believe I should, at the very least, be awarded 8 points (descriptor c):

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

However, I believe that my symptoms fall more in line with descriptor e:

"Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided".

To get this point across, and using Google Earth, I measured a walk to my local corner shop (which is 85.5m away from my back door (171m round trip). Specific distances were provided with the level of pain at those points.  The following was included in my MR and completely ignored by the DM - who said I can walk 200m because my asthma is well controlled.  Nothing about pain:

***************

I`ve been assessed as being able to walk 200m unaided; in reality doing so causes me significant pain, severe discomfort and breathlessness and would mean I could not repeat the same route within a reasonable period of time.

 Due to frequently stopping and resting, not just pausing, I believe the distance to the shop (as covered in my PIP2) is made up of smaller walks; therefore I cannot actually walk 200m as suggested by the assessor (even though the shop is much less than 200m away at 171m).  I believe this is not to an acceptable standard.

 Walking causes pain to spread up my back, round my sides and down into my right leg (as shown in the diagram I provided with PIP2), causing me to walk slowly with a limp.  This, combined with having to stop to gain my breath and ease the pain, means I take a lot longer than an able-bodied person would for the same distance. 

I feel the assessor has failed to take into account that I cannot walk the 25 meters to my drive gate safely, reliably and to a reasonable standard for the majority of the time and therefore I should not be assessed as being able to walk more than 20 meters.  While completion of an activity is not expected to be pain free, completing an activity when suffering significant pain is not completing an activity in accordance with the PIP criteria.

***************

My asthma is well controlled and played no part whatsoever in my PIP application.

This is why I`m having difficulty providing more evidence, I`ve already provided everything that I can think of.

Andy

tifo

It'll take many months to the appeal, the DWP will send you their bundle within a month of you submitting the appeal, you can then see what they've got and add anything you need to. You can send evidence to the tribunal (online) up to 7 days before the hearing. They'll give you at least 14 days notice.

Cartini

tifo said:

It'll take many months to the appeal, the DWP will send you their bundle within a month of you submitting the appeal, you can then see what they've got and add anything you need to. You can send evidence to the tribunal (online) up to 7 days before the hearing. They'll give you at least 14 days notice.

Thank you.