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PIP TRIBUNAL - Not attending - Can I reply to DWP

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6 years 10 months ago #191764 by greekqueen
Hello, just received the bumph from DWP, book of paperwork. In their reply to my husband's appeal they just state a load of nonsense, untruths and irrelevant quotes from law and upper tribunal decisions. I have used every bit of information from guides to write a letter and diary in my application to appeal to DWP and tribunal, and I am not sure there is anything else to add. One example from them of why my husband can walk 200 metres without a break is a quote used from an upper tribunal case about stopping for pavements and other objects but a this still counting as walking and not stopping. Should I counter reply and sent a letter to the tribunal on why I disagree with their response? Is that an acceptable action, and if so is their any other information on this on the site here anywhere?

Thank you

Lila

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

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6 years 10 months ago #191783 by Gordon
Lila

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Your primary goal is to show that you meet the criteria to score points and consequently to receive an award, so concentrate on this first, I recommend that you go back through his PIP2, the assessment report and our PIP Claim guide to make sure that you have done this.

Take the Descriptors as written, don't be tempted to try an bring them towards your problems, this rarely works. Remember that he needs to be able to complete each activity reliably and on the majority of days not to score points, so make sure you have highlighted problems he has with this.

If you think that the references that the DWP have made to Case Law are inappropriate then consider rebutting them, but make sure that you understand the point being made first, as it is rarely as clear as you think and it is more than possible that the DWP have misunderstood as well. But if in doubt then maybe not reply.

The following has a reasonably up to date list of Case Law for PIP

www.disabilityrightsuk.org/how-we-can-he...s/case-law-summaries

Gordon

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