Home visit & new ruling on dwp not taking previous

Sula Maye wrote: What I'm really trying to understand is how one can apply those kind of upper tribunal rulings to a Review, to a new HP assessment and no doubt the MR that will follow. I am trying to avoid another tribunal for the sake of my sanity and physical health. I'm sorry if you feel I am bleating on, I am simply trying to get my head round something and empower myself. I wish someone else would do it for me, I wish my old self could, but that's not possible.

You can present whatever arguments that you want, but as I have said before, there's every possibility that that the DM will ignore them. Revision rates at MR are very low, less than 20% by the DWP's own statistics and our experience on the forum is that they are even lower than this.

The DM Is going to favour the assessment report and the arguments that the assessor puts forward and you do not appear to have any significant evidence that might change their mind, so you need to be prepared to go on to appeal, the simple fact is that the arguments that you want to make are likely to only be appreciated by n appeal panel.

Gordon

Sula

You cannot assume that the person who assessed you was not capable of doing so, it may be, from their comments on the report that you can show this to be the case, for example if they have fundamentally misunderstood an aspect of your conditions, that someone who had experience in them would not have done. Just remember that the assessment is about you ability to complete the PIP activities, it is not a review of your conditions.

If you can show that the DWP have failed to show a Change of Circumstances then it may be possible to show that their latest Decision should be removed, but be aware that whilst this reinstates your original award, you then have the issue of renewing it as it approaches it's end date. There is recent Case Law in regard to this.

Gordon