Hi, I have received my pip appeal bundle today. I was expecting a lot of references from case law but there is absolutely nothing. I have basically been sent everything I have myself. There doesn't seem to be any sort of argument against my case, apart from what they already stated in the very poor decision notices. What I did notice was that near the front, under Facts, it states lots of different dates about claimant being in hospital, about ska being paid, then pip. I haven't been in hospital, and have never claimed DLA! This is a pip reassessment. What are your thoughts on there being no reference to case law, and the hospital mistakes? Thanks, Mrs J.
The DWP would only reference UTT Case Law if it was to there advantage to do so, this is rarely the case as UTT Decisions tend to extend the interpretation of the PIP Descriptors which the DWP do not like.
The reference to DLA and hospital may be important or just a distraction, it will depend on whether it has influenced the Decision that they made. I would highlight it either way as it shows a lack of professionalism in making the Decision and preparing their case, but to make more of it you will need to specifically show how it impacted on their Decision.
That said, remember that you will only win your appeal by showing that you meet the criteria for one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
