× Members

Pip appeal - 50% ruling challenge

  • Jane52
  • Topic Author
  • Away
More
6 years 9 months ago #189990 by Jane52
Pip appeal - 50% ruling challenge was created by Jane52
Have just received following e-mail from CAB
"The DWP will present all the existing evidence from your application and your assessment.
You will need to argue the case for further evidence to be submitted for your claim, in order to increase the points you have been awarded"
Have epilepsy and at the appeal stage and only given four points. Was planning to challenge this due to risk situations I am in when have seizures and risk to my work as there is risk to me being declared unable to work and this was not addressed, and other risk situations that I named ignored. Was going to ask tribunal to consider the risk rather than the "majority of the time" premise from which the DWP is coming from. This is asking that it is looked at through a different ruling - so why do I need to provide more information - though I can provide some more. What does it mean that "I will need to argue the case for further evidence to be submitted for my claim, in order to increase the points I have been awarded". Could someone clarify this for me please. Jane

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #190000 by Gordon
Replied by Gordon on topic Pip appeal - 50% ruling challenge
Jane

If you don't understand the email from the CAB then you really need to contact them about it.

If you are going to argue around the 50% rule then you need to understand it properly and your post suggests that you don't :(

First of all it is the majority of days not the time, this is an important difference, as the former; four days out of seven is close to 58% whereas the latter could be 51% and would not qualify.

Secondly, the majority of days is not a discussion topic at your appeal, it always applies so you should not be arguing against it.

It is what the majority of days applies to that your argument should be focussed on.

The DWP will argue that it applies to your actual seizures and you do not have these on sufficient frequency to meet the majority of days.

The UTT Decision states that it is not the event (the seizure) that should be considered but the risk of the event and that in most cases the risk of a seizure on any day meets and exceeds the majority of days rule.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.