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TOPIC: when to question decision?

when to question decision? 1 week 3 days ago #174918

thank you Gordon

I am currently trying to order the notes and thoughts I have had over the past weeks
I will call the TS tomorrow before I send anything

one point
in their submission dwp say that 'journey' means LOCAL JOURNEY
since when????
I am thinking they said that just to imply that unfamiliar journeys would not be local and therefore not relevant

and what constitutes a 'local' journey anyway? - the same road, town, building, county? - surely it is irrelevant
The administrator has disabled public write access.

when to question decision? 1 week 3 days ago #174929

  • Gordon
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Walker

There are no definitions for "journey" it is down the claimant to explain the limitations of what they can achieve, in a similar vein an unfamiliar place does not have to be far away but you must think about the counter arguments for it being local as there will be an expectation that most people will be familiar with the area around where they live, at least to some degree.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

when to question decision? 1 week 3 days ago #174931

I agree with what you are saying so don't know why they mentioned it as 'local' in their submission

I am still trying to pull stuff together and keep thinking of more to ask you
I am so so sorry for going on so much

when you, or others, have had tribunals, have you referred to this site, or the advice given here like the pip booklet?
and if you did - how did you? I mean what do you say
I don't want them asking something about where I got my ideas/information/support, and then having some sort of advers/weird reaction to what I say

at the moment I am going through the dwp resonse (just a few paragraphs) and clarifying/responding with my view

one point they made was
X stated in her appeal issues not covered by the assessment criteria that can't be considered when deciding eligibility for benefit, including being driven in a car

but surely it should be considered if I have to be driven because I cannot use the public transport/drive myself?

and if it is not relevant, then neither is their mention of the job I last did 8 yrs ago

my head is spinning, I feel sick and dizzy, and on the verge of tears
and I don't know if I will get this done by tomorrow
The administrator has disabled public write access.

when to question decision? 1 week 3 days ago #174932

also
what do they mean by 'a significant functional problem'?
they state I didn't report one, with going out
but I said I never went to any unfamiliar place alone
and also about my related mh difficulties?
confused

oh dear I wish I had been well enough to look at this weeks ago
The administrator has disabled public write access.

when to question decision? 1 week 3 days ago #174940

  • Gordon
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  • Forum Moderator
walker wrote:
I agree with what you are saying so don't know why they mentioned it as 'local' in their submission

I am still trying to pull stuff together and keep thinking of more to ask you
I am so so sorry for going on so much

when you, or others, have had tribunals, have you referred to this site, or the advice given here like the pip booklet?
and if you did - how did you? I mean what do you say
I don't want them asking something about where I got my ideas/information/support, and then having some sort of advers/weird reaction to what I say

at the moment I am going through the dwp resonse (just a few paragraphs) and clarifying/responding with my view

one point they made was
X stated in her appeal issues not covered by the assessment criteria that can't be considered when deciding eligibility for benefit, including being driven in a car

but surely it should be considered if I have to be driven because I cannot use the public transport/drive myself?

and if it is not relevant, then neither is their mention of the job I last did 8 yrs ago

my head is spinning, I feel sick and dizzy, and on the verge of tears
and I don't know if I will get this done by tomorrow

You need to concentrate on matters related to the Descriptors, for example; your driving a car is the result of your problems not the cause and is not entirely supportive of showing that you do have a problem. Also, the Descriptors make no reference to this, in the same way, whilst using Public Transport is mentioned in the DWP guideline it is not referenced in the Descriptors.

As to where you got your information, I would be extremely surprised if you were asked but even if you are all of the information we present in the guides is available in the Public Domain although in lots of places.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

when to question decision? 1 week 3 days ago #174941

  • Gordon
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  • Forum Moderator
walker wrote:
also
what do they mean by 'a significant functional problem'?
they state I didn't report one, with going out
but I said I never went to any unfamiliar place alone
and also about my related mh difficulties?
confused

oh dear I wish I had been well enough to look at this weeks ago

A significant functional problems would be the underlying condition that is causing limitations with your completing a PIP activity.

You may have identified one or more of these in your PIP2, the DWP may not agree with you, which they are entitled to do, that doesn't mean the Tribunal will take the same position.

But you do need to be aware of the issues that the DWP believe contribute to a claimant being unable to perform the Going Out activity, see my post on the previous page.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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