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PIP Mobility Component /Moving Around Criteria

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5 years 10 months ago #220859 by ela67
Hi.

Can I just check I'm understanding the mobilty- moving round section correctly. The descriptors have to take account of being able to undertake an activity safely, to an acceptable standard, repeatedly and in a reasonable time. My son has a number of physical disabilities including trucal ataxia, hypotonia, hypermobility, motor delay, tics etc. I've made it clear my son can physically walk 200 metres, but he can't do this in relation to the criteria that states it has to be to an acceptable standard, ie repeatedly etc. I have a number of medical reports from his pediatrician and other medical records that describe his difficulties, eg slow purposeful movements, easy muscle fatigue and that his hyptonia has a significant ongoing impact on his motor coordination.

Both PIP claim and MR didn't consider the criteria from what I can see. Will the "acceptable standard" criteria be considered by the tribunal or will they only look at the fact he can walk 200 metres and not weigh this against how difficult it for him to do?

Thanks
Ela

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5 years 10 months ago - 5 years 10 months ago #220860 by Gordon
Ela

I think you have undermined your own argument by stating that he can walk 200m and then saying that he cannot do this reliably

The test is the distance that the claimant can reliably walk on the majority of days.

So you can't have it both ways, either he can reliably walk 200m or he can't walk the 200m reliably and the distance that he can reliably walk is a shorter distance and it should have been this latter distance that you included on the form.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 10 months ago by Gordon.
The following user(s) said Thank You: ela67

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5 years 10 months ago #220907 by ela67
Thanks Gordon

I think I see what you mean, though I didn't tick any boxes on his PIP form stating a distance as I found it confusing so I just described his difficulties walking. I told the assessor he can walk 200m walk but not without symptoms related to gait, speed, safety, time, fatigue etc and not on the majority of days, ie not reliably. I think the guidelines said the fact that a claimant can complete an activity is not sufficient evidence of ability. In my appeal I've said he was awarded descriptor (a) but I think he should be awarded (b) as this is more like the distance he can walk reliably on the majority of days. I'm possibly misunderstanding something but hope when I go to tribunal I can just give them all the info and they will know which if any descriptors would apply.

Thanks very much for breaking everything down.
Ela.

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