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PIP TRIBUNAL - I MISUNDERSTOOD MOBILITY DESCRIPTOR

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7 years 1 month ago #181645 by Pat Allerton
Hi I made my claim for PIP ( transferring from DLA) and have been awarded standard rate for Mobility , which means I have lost my Motorbility car
The main point is that there are 2 descriptors for the mobility part. but I was told by the Citizens advice chap that the first one did not apply to me as that was only for people who were maybe blind or had mental issues., but it was the second part which applied to me and he felt I would surely qualify for the 12 points because of my inability to walk over 20 metres.
I have been assessed and the HP has said I can walk more than 20 metres ! ( No mention of my mobility scooter or that I hold onto my husband to walk )
I now realise that the first part would apply to me because i have fallen over and have actually broken my left ankle once and my right ankle twice and I broke my shoulder last year
I also have been diagnosed with obstructive sleep apnoea and have to use a CPAP mask but she said I don't have one ( ??)
As I can no longer drive and my husband has to take me everywhere , does this qualify for any points on the first part of the mobility question.? Thanks

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7 years 1 month ago - 7 years 1 month ago #181665 by Gordon
P

The PIP Going Out Activity is concerned with the cognitive, mental health of sensory issues that a claimant has that prevent them

- planning a route
- undertaking a journey
- and navigating a route

As all of your problems appear to be physical in nature I don't see how you can score for this activity.

Have you looked at how you might show that you cannot reliably walk more than 20m on the majority of days?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 1 month ago by Gordon.

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7 years 1 month ago #181730 by Pat Allerton
Replied by Pat Allerton on topic PIP TRIBUNAL - I MISUNDERSTOOD MOBILITY DESCRIPTOR
Thank you for your reply Gordon,
and yet I refer to
In a decision dated 23 June 2015, however, upper tribunal judge Sir Crispin Agnew of Lochnaw Bt QC, held that help from another person in this connection can be for “any reason including a mental health reason such as overcoming anxiety or other psychological distress.”

administrativeappeals.decisions.tribunal...px/view.aspx?id=4583
CSPIP 109 2015 - Corrected Decision (3).doc CSPIP 109 2015 - Corrected Decision (3).doc

As shown by my many falls because of the damage to my back , I am totally unsteady on my feet and having already sustained the breaking of ankles three times , the breaking of my shoulder, and numerous times I have sprained my wrists , I cannot undertake any journey without the aid of another person as the distress and anxiety would be overwhelming.

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7 years 1 month ago #181769 by Gordon
P

You didn't mention anxiety in your original post, it's difficult to offer correct advice if we don't have the information!.

How many points did you score for Moving Around?

If you are hoping to score points for your anxiety then you will need to show that you would suffer "overwhelming psychological distress" on the majority of days if asked to leave your home, whilst there is no clear definition of what this phrase means it is reasonable to assume that it refers to a level of distress that it is more than would be expected from someone who is just experiencing anxiety.

I'm not 100% certain but I think the UTT Decision you refer to may now have been superseded by a three Judge Decision, see the PIP Claim guide for more details.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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