PIP mobility but no ESA

Hi,

Just wanting some opinions on this really. Have a client who I did a successful PIP claim for - standard rate daily living as well as standard rate mobility (can’t walk more than 50m). Client was awarded 0 points on WCA for ESA. In my submission I referred to the fact that the client gets PIP at the standard rate as unable to mobilise 50m. The tribunal also had a copy of the PIP medical assessment and subsequent decision. At the (very long!) hearing today they only awarded 6 points for mobilising as client unable to mobilise more than 200m. They also awarded 6 points for sitting and standing and therefore 12 in total and no ESA….

I am just wondering whether the tribunal should have given more weight to the fact that there was a PIP award in payment? It was referenced in my submission….and previous hearing was adjourned to get this and GP evidence….the decision says that they have preferred the GP evidence, which doesn’t flag mobility problems at all! I have to admit that client’s version of difficulties varies a lot and my thinking is that not much mileage in taking this further (different legal test etc.) but would welcome any thoughts!

Thanks!

Hi Jen - you might find this decision helpful - http://www.rightsnet.org.uk/welfare-rights/caselaw/item/tribunal-failed-to-properly-assess-evidence-relevant-to-prescribed-mobilisi

full decision here - http://www.osscsc.gov.uk/Aspx/view.aspx?id=4225

Quite possibly. Especially if the tribunal failed to talk about whether mobilising was assessed in a wheelchair or not. If they decided no wheelchair was appropriate and still decided >200m was the correct distance, I would expect to see some reasons why it thought so. I’d say the reliance on irrelevant GP evidence may also be enough to have the decision set aside.

Statement of reasons time, I think!