Using PIP (Mobility) award to challenge ESA decision.

Hi,

I have a Cl who has been awarded 8 points under the PIP descriptor - Moving around ‘You can stand and then move unaided more than 20 meters, but no more than 50 meters’.  However, when it came to her ESA assessment she was awarded 0 points for mobility. 

If the PIP assessment agrees that Cl cannot walk more than 50 meters, surely Cl should reach 15 points for ESA - ‘Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used - (ii) repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion. 

The decision maker simply states PIP is not criteria under ESA and therefore does not attract points in this respect.  Is there any case law to say otherwise, it just seems so contradictory!!!

Mobilising (for ESA) includes being able to use a manual wheelchair. 
If you can self-propel in a manual wheelchair but are unable to walk you will not get any ESA points for mobilising. 

You should be looking not so much at the end result (i.e. PIP scored 8 points for moving around) but the why and how. If the PIP HCP noted severe osteoarthritis of the knees, for example, that is relevant to mobilising. However, you then need to look at upper limb function and relate that to mobilising in case the wheelchair argument raises its head.

I’d be wanting to make sure both reports are fairly contemporaneous, too.

In short, the trib has a duty to consider all of the evidence and weigh it up accordingly, even if used for another benefit. It’s up to you to relate the findings to the appropriate criteria to let the trib adopt that evidence.

Okay thanks guy’s, that’s a great help.  She does have generalised osteoarthritis and has just been diagnosed with carpel tunnel syndrome (although this is a new condition).  I believe she would find it very difficult to use a wheel chair as a result of this, she also lives in a flat and therefore would not be able to get the wheelchair upstairs or have storage facilities for it.

Victor - 29 March 2017 03:44 PM

Mobilising (for ESA) includes being able to use a manual wheelchair. 
If you can self-propel in a manual wheelchair but are unable to walk you will not get any ESA points for mobilising. 

I might still disagree that you can’t get 9 points.