include case law in original claim form?

Hi Melany

It's entirely up to you what you include, but I would only use case law when you're trying to challenge an award during the MR or appeal stage. It's more important that you emphasise the difficulties your partner has, as set against the PIP criteria. Hopefully, you're looking at our PIP guide as you go along.

BIS

melany / Angel

Just to clarify.

DWP Decision Makers have no authority to apply Case Law to the Decisions they make, they can only use the relevant legislation in effect when the Decision is made and the DWP's interpretation of that legislation as presented in the guidance that the DWP issue for each benefit.

The guides are updated to reflect the latest legislation and guidance being used by the DWP so your best tactic at MR is to ensure that your arguments reflect the law and point out where you think the DWP failed to apply it correctly.

For PIP there is also a guide to dealing with the contents of the medical report under PIP appeals.

Gordon