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Tribunal
- April
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6 years 1 month ago #215806 by April
Tribunal was created by April
Capsule- I’m 52 right sided cerebral palsy from birth throughout life I’ve been at hospital with surgery physio and such ,, I’m going to tribunal just finishing paperwork ,, as most on dla I had a life award ,,, I know have been awarded high care but low mobility I’ve been going over. Assessment comments and both conclusions after mr didn’t alter ,,,, the musculoskeletal blurb ran to 38 lines encompassing degrees angles etc but the only thing he did was grip my right hand for grip ,, my whole interview took 38 mins one obs he never saw or wrote about was my right leg is 2inches shorter ,,so the info gleaned in the conclusions is not accurate ... I’m due to have arthroscopic surgery next week ......my award is. To be reviewed in 18mnths as he says my surgery may improve my functional ability ,,, I feel this is not correct as it will hopefully help with the degenerative affect I feel happened as I trip fall but separate this my cerebral palsy won’t miraculously disappear my physical inability is still apparent ..... how do I challenge this in respect of my award ?
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6 years 1 month ago #215819 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal
April
What did your score for the Standard Mobility award? And for which activities?
Gordon
What did your score for the Standard Mobility award? And for which activities?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #215833 by April
Replied by April on topic Tribunal
12 moving around descriptor D 10points
he stated I said I could walk for one minute , I didn’t ..... I said I’m in constant pain from sitting to standing and walking any distance toes (excruciating pain) as the are curled under and have corns on toes ,knees back hips ,I have to position my feet I can walk but pain is ever present poor balance tiredness and effort is unbearable and slow my limp is more pronounced which is how falls happen to repeat and recover takes so much effort , I don’t go out unless I’m with someone or can go in a car
She was observed to mobilise at a slow pace with a stick ,this would equate to approx 40 m this is consistent with afo,her reduce lower limb power (it’s all of my right side not just lower ), therefore medically reasonable to suggest that she can mobilise 20-50 m
It’s like an exam you concentrate on your best ability he did not take into account after doing so I’m mentally and physically exhausted and cannot repeat activity for days ,,he observed me in a small corridor ,, not on uneven pavements roads etc and even how much I have to concentrate on using the stick
I have on one occasion fell into a dual carriageway & I don’t put my arms out to save myself this was after a surgery on my foot and had to go back to see surgeon X-rays etc to see if I’d damaged the leg ,,my husband always accompanies me &constantaly watches me to see how I cope
he stated I said I could walk for one minute , I didn’t ..... I said I’m in constant pain from sitting to standing and walking any distance toes (excruciating pain) as the are curled under and have corns on toes ,knees back hips ,I have to position my feet I can walk but pain is ever present poor balance tiredness and effort is unbearable and slow my limp is more pronounced which is how falls happen to repeat and recover takes so much effort , I don’t go out unless I’m with someone or can go in a car
She was observed to mobilise at a slow pace with a stick ,this would equate to approx 40 m this is consistent with afo,her reduce lower limb power (it’s all of my right side not just lower ), therefore medically reasonable to suggest that she can mobilise 20-50 m
It’s like an exam you concentrate on your best ability he did not take into account after doing so I’m mentally and physically exhausted and cannot repeat activity for days ,,he observed me in a small corridor ,, not on uneven pavements roads etc and even how much I have to concentrate on using the stick
I have on one occasion fell into a dual carriageway & I don’t put my arms out to save myself this was after a surgery on my foot and had to go back to see surgeon X-rays etc to see if I’d damaged the leg ,,my husband always accompanies me &constantaly watches me to see how I cope
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6 years 1 month ago #215840 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal
April
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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