PIP, My tribunal, and the Romberg Test.

Benefits and Work.

I'm wondering if anyone could help me about an appeal about a PIP decision and the (I think) misinterpretation of a medical test by the DM who did the Mandatory Reconsideration. And also a heads up to anyone else who has had a Romberg Test, if this woman (and maybe other DWP staff are making this mistake (IF it is a mistake). And MOSTLY, I would like to know if people with experience in tribunals think that I have a good chance to win the appeal at a tribunal thanks to almost solely this error. I was going to make sure we attended the tribunal and get our say to the judge, but if this possible error is the gold dust I think it is, I might just go for it with the paperwork.

I was awarded 10 points for able to walk 20-50 metres, but I think I should be awarded 12 points for able to walk 1-20 metres. EVERY step is a slog, thanks to restricted breathing and I'm always at a risk due to balance issues thanks to Ataxia and Transverse Myelitis. I also have trouble with my hips. So there is no way that I can walk 20 metres without getting breathless, at risk of stumbling all the time, definitely not in a timely manner and certainly couldn't repeat the task more than the first attempt. (Yes, I read the guide).

I was awarded '10 points out of 12' for 'You can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres.

My grounds for appeal centre largely (but not only) around the fact that I believe that the second decision maker has made a huge error in her interpretation of the result of a test carried out by my Neurologist in my appointment of the **** of June. The Neurologist in her letter stated that her Romberg Test on me indicated a "STRONGLY POSITIVE" result (When a positive result suggests an issue with a person's balance).
On my Mandatory Reconsideration Letter dated 03/01/2023, the second decision maker stated "The report does show your balance test was STRONGLY POSITIVE, but you have difficulty with heel walking and were unable to tandem gait" (In the test).

I think that she interprets "positive" as being nothing wrong with my balance (when it means exactly the opposite). I think this misinterpretation is also confirmed by the fact that she puts the word "but" immediately afterwards, otherwise she would have then put the word "and" or "also" before listing the negatives to my ability to walk. However, a positive result indicates 'Sensory Ataxia' (Something that has previously been mentioned by my GP and by the Neurologist and is in fact mentioned on my fit notes (sicknotes) by my GPS.

So the Romberg Test results confirm that I have trouble with my balance, not confirm that I can walk OK. My question is, is that enough (along with my letter, and some other consultant's letters that back up my claim)? Or would people with experience suggest that I still turn up for my tribunal and push my case strongly with the judge? Also, is it the DWP woman who is misinterpreting the test? Or am I? Thanks for any help.

Just a quick update.

Got the appeal in for the tribunal with one day to spare, via the online form.

We centred mainly on the perceived misunderstanding of the test by the HP/DM, along with a few other bits of evidence. We asked to be present at the hearing.

Out of the blue this morning, we got a phone call. "I have looked at your case for one last time, and after considering the evidence that you have provided, I've decided to award you higher mobility. I don't see any point in wasting your time even going to a tribunal" (in other words, we think you have a nailed on win).

Got to say thanks for the guides. £16 or whatever well spent, and I doubt I could have done it without the guides. Or definitely not as well.