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PIP planning and following journeys
- carmind
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7 years 3 months ago #179497 by carmind
PIP planning and following journeys was created by carmind
I'm representing a client who wants to appeal to the Upper Tribunal.
She was given no points for planning and following journeys despite needing to use a taxi to reach the tribunal
The judge, in the Statement of Reasons, said that this meant she had attended "alone" and that "it was unlikely that the taxi driver was offering prompting". She is unable to use public transport because of acute anxiety and so can only travel in a taxi.
Are there any other cases that recognise this as meeting the requirements of descriptor 11(d)?
She was given no points for planning and following journeys despite needing to use a taxi to reach the tribunal
The judge, in the Statement of Reasons, said that this meant she had attended "alone" and that "it was unlikely that the taxi driver was offering prompting". She is unable to use public transport because of acute anxiety and so can only travel in a taxi.
Are there any other cases that recognise this as meeting the requirements of descriptor 11(d)?
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- Gordon
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7 years 3 months ago #179520 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP planning and following journeys
carmind
I don't see an obvious Error of Law in what you have posted, perhaps the Statement of Reasons makes it more clear! Did they ask them how they had managed the journey in the taxi and had your client been able to show that they suffered "overwhelming psychological distress". If they were aiming for the 10 points then don't forget that the Descriptor states "Cannot undertake any journey", so the standard they needed to meet was very high.
Your biggest problem is that although the DWP guidance makes reference to Public Transport and the use of Taxis, the legal Descriptors do not. We regularly see this used by Decision Makers to deny points and I am not aware of anybody who has successfully challenged this at appeal.
There's no Case Law that I am aware of in this area.
All I can suggest is that you make your arguments (inadequate reasons) for an Error and see how it is treated, I suspect that the Judge will not agree so you will likely have to apply directly to the UTT.
Gordon
I don't see an obvious Error of Law in what you have posted, perhaps the Statement of Reasons makes it more clear! Did they ask them how they had managed the journey in the taxi and had your client been able to show that they suffered "overwhelming psychological distress". If they were aiming for the 10 points then don't forget that the Descriptor states "Cannot undertake any journey", so the standard they needed to meet was very high.
Your biggest problem is that although the DWP guidance makes reference to Public Transport and the use of Taxis, the legal Descriptors do not. We regularly see this used by Decision Makers to deny points and I am not aware of anybody who has successfully challenged this at appeal.
There's no Case Law that I am aware of in this area.
All I can suggest is that you make your arguments (inadequate reasons) for an Error and see how it is treated, I suspect that the Judge will not agree so you will likely have to apply directly to the UTT.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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