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Tribunal waiting since Jan – Progressive illness, given LRM
- paulcornwall
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18 hours 6 minutes ago #311451 by paulcornwall
Tribunal waiting since Jan – Progressive illness, given LRM was created by paulcornwall
PIP tribunal waiting since Jan – “moving around” was ~10m at decision, now barely weight-bear / NHS powerchair – should I do more than just send evidence?
Hi everyone,
I’d really appreciate some advice on what I should do next while I’m waiting for my PIP tribunal.
Background
I’m on PIP standard (lower) mobility and enhanced (higher) daily living.
My appeal is mainly about Mobility Activity 2 – “moving around.”
I believe I should have qualified for enhanced mobility at the time of the original decision because even then I could only manage roughly ~10 metres (and not reliably).
Since that decision, my condition has significantly worsened (progressive) and I can now barely weight-bear. I’m an NHS powerchair user and I rely on my wife 24/7. I've had to take a loan out to pay for a secondhand WAV vehicle as its my only way to appointments.
Process so far
Mandatory Reconsideration didn’t change the award.
I submitted my tribunal appeal in January [2025] and I’m still waiting for a hearing date.
DWP call
I rang the DWP helpline a few months back for advice and the adviser basically said it’s “with the tribunal” and to “just send evidence to the appeal”. They didn’t even ask my name and were quite rude, so I’m not confident I’ve been given proper guidance.
Questions
For the appeal itself: the tribunal looks at the situation at the time of the original decision — what’s the best way to evidence that my reliable distance was around 10m back then (diary, statements, OT/physio/consultant letter wording, etc.)?
Because my condition has worsened further since then, should I also report a change of circumstances / supersession, or is it better to avoid that while the appeal is ongoing? (I’m worried about complications or risk.)
Is there any point writing to the DWP decision maker/appeals team to review the case again before tribunal, or should everything go only to HMCTS?
Any tips on how to structure a short written submission specifically for “moving around” and the “reliability” rules?
Thanks in advance — I’m feeling stuck waiting nearly a year with no hearing date, and my mobility has deteriorated a lot.
Hi everyone,
I’d really appreciate some advice on what I should do next while I’m waiting for my PIP tribunal.
Background
I’m on PIP standard (lower) mobility and enhanced (higher) daily living.
My appeal is mainly about Mobility Activity 2 – “moving around.”
I believe I should have qualified for enhanced mobility at the time of the original decision because even then I could only manage roughly ~10 metres (and not reliably).
Since that decision, my condition has significantly worsened (progressive) and I can now barely weight-bear. I’m an NHS powerchair user and I rely on my wife 24/7. I've had to take a loan out to pay for a secondhand WAV vehicle as its my only way to appointments.
Process so far
Mandatory Reconsideration didn’t change the award.
I submitted my tribunal appeal in January [2025] and I’m still waiting for a hearing date.
DWP call
I rang the DWP helpline a few months back for advice and the adviser basically said it’s “with the tribunal” and to “just send evidence to the appeal”. They didn’t even ask my name and were quite rude, so I’m not confident I’ve been given proper guidance.
Questions
For the appeal itself: the tribunal looks at the situation at the time of the original decision — what’s the best way to evidence that my reliable distance was around 10m back then (diary, statements, OT/physio/consultant letter wording, etc.)?
Because my condition has worsened further since then, should I also report a change of circumstances / supersession, or is it better to avoid that while the appeal is ongoing? (I’m worried about complications or risk.)
Is there any point writing to the DWP decision maker/appeals team to review the case again before tribunal, or should everything go only to HMCTS?
Any tips on how to structure a short written submission specifically for “moving around” and the “reliability” rules?
Thanks in advance — I’m feeling stuck waiting nearly a year with no hearing date, and my mobility has deteriorated a lot.
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- latetrain
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15 hours 49 minutes ago #311474 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Tribunal waiting since Jan – Progressive illness, given LRM
Hi Paul
The Tribunal always ask if your condition has worsen since you were assessed, it does cause issues if your condition has worsen as the assessment was based as your were at that time.
It is a judgement call as to whether or not put in a new claim it depends on what support evidence you have with your initial claim.
The 'walking test' is not all about maximum distance.
Think about these 4 criteria-
- [x] safety
- [x] reasonable time
- [x] repetition
- [x] acceptable standard
Safety - do you fall, (or stagger as this is realistically a fall that you can stop.)? Where/why do you fall - can you get up afterwards- how long after - have you injured yourself - how severe - hospital?
Reasonable time - no longer than twice the time of a non disabled person - do you need pauses/sit down or rest against a wall - why? If the pause is quite long you won't be within the reasonable time. If very long this will indicate a shorter walking ability comprising 2 or more walks interspersed with breaks.
Repetition - if you walked earlier in the day can you walk again - if you are exhausted and can't walk (or indeed do other PIP activities such as cooking/dressing etc) then it is likely you can't repeat. You need to be able to repeat as many times as reasonably required across the whole day. Remember that even if you go out in the car, there will be a walk to the car from the front door and to the shop etc even if you park immediately outside. So, you do the school run, come home, need to go to the bank, stop off at the shop en route home. Collect child from school. Later remember you need to post a letter. Evening go out to visit friends. All these journeys/walks would not be unreasonable - could you perform these solely as walking. (Unless you are exceedingly close to all of these then it is likely you can 'repeat'.) Or if these are car/bus journeys and the walking is only from the car parked nearby - could you do all of these? What would be the distance where you would be able to walk having parked the car to complete these? - this might indicate you could repeat 50m but not 100m etc.
If you fail to be able to achieve all the repetitions as reasonably required, as long as it is not something somewhat trivial, you cannot 'repeat'.
Acceptable standard - pain is included here. How do you walk? If you fall or stagger as well as being 'unsafe' it could indicate not acceptable standard. Do you bump into things? What about 'severe discomfort' - includes pain, but also breathlessness, nausea, dizziness. Possibly also fatigue.
Can you meet all 4 of these criteria - if you fail even one then you may be able to achieve points.
You need to consider the majority of time - so think about better days/bad days - what sort of proportions are these? Note majority of time - don't get confused with majority of days.
Your PIP walking ability is how far you can walk safely, acceptably, repeatedly in a timely manner for the majority of the time.
Is there a place you regularly go to - either solely by foot or with a vehicle as well? How far is it? Maybe get a friend to pace it out? If you get out of breath/pain etc where along the walk does it start? This might help you narrow down the distance.
Any walking done with severe discomfort needs to be discounted, so if the pain etc is to that level at the very start of any walk it won't count. If you start with severe discomfort - then PIP/'legal' walking ability is 0 meters.
Please consider your PIP walking ability carefully!
I hope this helps.
Gary
The Tribunal always ask if your condition has worsen since you were assessed, it does cause issues if your condition has worsen as the assessment was based as your were at that time.
It is a judgement call as to whether or not put in a new claim it depends on what support evidence you have with your initial claim.
The 'walking test' is not all about maximum distance.
Think about these 4 criteria-
- [x] safety
- [x] reasonable time
- [x] repetition
- [x] acceptable standard
Safety - do you fall, (or stagger as this is realistically a fall that you can stop.)? Where/why do you fall - can you get up afterwards- how long after - have you injured yourself - how severe - hospital?
Reasonable time - no longer than twice the time of a non disabled person - do you need pauses/sit down or rest against a wall - why? If the pause is quite long you won't be within the reasonable time. If very long this will indicate a shorter walking ability comprising 2 or more walks interspersed with breaks.
Repetition - if you walked earlier in the day can you walk again - if you are exhausted and can't walk (or indeed do other PIP activities such as cooking/dressing etc) then it is likely you can't repeat. You need to be able to repeat as many times as reasonably required across the whole day. Remember that even if you go out in the car, there will be a walk to the car from the front door and to the shop etc even if you park immediately outside. So, you do the school run, come home, need to go to the bank, stop off at the shop en route home. Collect child from school. Later remember you need to post a letter. Evening go out to visit friends. All these journeys/walks would not be unreasonable - could you perform these solely as walking. (Unless you are exceedingly close to all of these then it is likely you can 'repeat'.) Or if these are car/bus journeys and the walking is only from the car parked nearby - could you do all of these? What would be the distance where you would be able to walk having parked the car to complete these? - this might indicate you could repeat 50m but not 100m etc.
If you fail to be able to achieve all the repetitions as reasonably required, as long as it is not something somewhat trivial, you cannot 'repeat'.
Acceptable standard - pain is included here. How do you walk? If you fall or stagger as well as being 'unsafe' it could indicate not acceptable standard. Do you bump into things? What about 'severe discomfort' - includes pain, but also breathlessness, nausea, dizziness. Possibly also fatigue.
Can you meet all 4 of these criteria - if you fail even one then you may be able to achieve points.
You need to consider the majority of time - so think about better days/bad days - what sort of proportions are these? Note majority of time - don't get confused with majority of days.
Your PIP walking ability is how far you can walk safely, acceptably, repeatedly in a timely manner for the majority of the time.
Is there a place you regularly go to - either solely by foot or with a vehicle as well? How far is it? Maybe get a friend to pace it out? If you get out of breath/pain etc where along the walk does it start? This might help you narrow down the distance.
Any walking done with severe discomfort needs to be discounted, so if the pain etc is to that level at the very start of any walk it won't count. If you start with severe discomfort - then PIP/'legal' walking ability is 0 meters.
Please consider your PIP walking ability carefully!
I hope this helps.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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