Tribunal Next week

Hi AnnieB,
I agree with you.
The new fall is further evidence of the (same) fact that 'there is a risk of substantial harm' in terms of your general mobility. This would include getting in to the bath, possibly moving around the kitchen for cooking, perhaps dressing and certainly walking.
Regulation 4(2A)PIP Regs 2013 provides 4 criteria ' all of which must be met
Safety
Acceptable standard
Repetition
Reasonable time

Repetition means as many times as is reasonable across the whole day.
Think about this - even if you drive everywhere there will be small distances, possibly only 1 or 2 metres from a inkling to get to the car and vice versa. Here is a possible day - take kids to school, come home, go to shop and buy a birthday card, take card to Aunt, go back home, pick up kids. Take one child to karate. Collect child....Now I appreciate that with disability you might not be able to actually do all the small journeys on foot connected with these, but these 'walks' are all the normal 'repetitions' that most people would aspire to, and hence if you weren't able to do all these sorts of small walks, each and every day, (or at least for the majority of days,) then you can't 'repeat'.
Why can't you 'repeat' - chronic pain is likely to comprise not 'acceptable standard '. Significant pain will not be 'acceptable'. It is likely that fatigue, breathlessness can also comprise not acceptable.
If you have significant pain at the start of walking, then it is likely that your walking ability will be nil or very little. Any walking done with significant pain has to be disregarded.
Safety. If there is a risk of substantial harm - it's hard to think of a situation where breaking an ankle in 3 places (and of course whatever other accidents you've had previously,) isn't going to be evidence if substantial harm. After all, if you fall, there must also be a risk of eg back or head injury, or other even more serious injury, which perhaps only didn't happen because you fell in a slightly more comfortable way! Remember also, a stumble is only an inch away from another (injury) fall. Ongoing evidence of stumbles and falls is evidence of not being 'safe' and even without pain separately shows not being 'acceptable '.
Reasonable time means taking over twice as long as non disabled person. - if your walking speed is very slow, especially given that if you only do a few short metres into a car, the actual time will be negligible so a reasonable will be quite short too!

Maybe provide a list if actual falls and injuries, but if course explain that stumbles occur on many occasions if this is correct. Try and explain why the falls occur, or maybe there is no reason, which is perhaps more worrying. Detail falls or stumbles at home too.
I hope this helps.
Good luck. Let us know how you get on.
LL26

Hi AnnieB,
If the tribunal is at the Courthouse or via video, then you could bring along the photos or show them, but only if the photos show something meaningful.
So...broken shoulder and badly broken ankle, sounds like you have real problem with falls! Good luck.
LL26

Hi AnnieB

The best of luck at your Tribunal. We will be thinking of you.

BIS