PIP appeal - waiting for a diagnosis?

abby wrote: It's the point that the DWP guidance says that 'd' is most likely to apply - but the legislation doesn't make any stipulation as to what the cognitive inabilty to follow an unfamilar route is caused by.

Currently, Case Law supports the DWP argument 2 to 1. The DWP guidance is an interpretation of the law, a Tribunal panel is not bound by this but they would certainly have to provide very good reason for not following it.

Gordon

abby wrote: But then the DWP guidance says that a person should only be capablee of following and unfamiliar journey if they are able to use Public Transport.. and they have ignored that point !

It's not a black and white situation, some of it is grey, but remember you are arguing the interpretation of the law, not whether you meet the requirements, for example; using your Public Transport reference, maybe the panel did not believe you had issues with using it, that would not be an Error, even if you disagree with their conclusion.

You really cannot take any further action until you see the SoR which may take several months.

Gordon

abby wrote: thanks.
Going back to my reason for posting - what I meant was, the case laws deal with the issues as to if other external factors are part of the 'follow a journey', aside from the actual navigating - my asking about the ASD diagnosis is because I would be unable to follow an unfamilar route even if there were no external problems, but without a diagnosis the DWP/tribunals don't seem (from what I have read on the internet/here) to accept thatpeople with mental health problems can have cognitive disabilities too.

This may or may not be what happened at your hearing, until you have the SoR you cannot state with certainty how the panel viewed these matters.

If they did not consider them then this may constitute an Error, but if they did and simply did not agree with your arguments then I would not expect it to considered as one.

Please understand, we are sympathetic to what you are saying but UTT cases are far more about the Decision having been reached correctly than the correct Decision having been reached. We can't change that!

Gordon