Possible PIP Appeal - Aids when dressing

Quick Update.

Finally had the DWP response to my appeal through this morning. And they're sticking to the argument that CPIP33692015 means that (in their words) "the law has changed and this is no longer considered within the scope of this activity". When they say "this" I assume they mean having to sit to get dressed, as that is what they are responding to, and what I argued they had misinterpreted in the MR.

They are also arguing that because when I filled in the form AR1, when the review process was started, I said there had been no change to my ability to carry out this activity and , as a previous tribunal didn't award any points for this activity, and I haven't provided any additional evidence that this has changed, then I shouldn't be awarded them now. This despite the fact that their own MP report clearly states that it is most likely that I would need to sit to carry out this activity.

To be honest I made a bit of a boo-boo when I filled in my AR1. I thought it was just some random checking up thing, not an actual review. Having only had a tribunal award of three years, 18 months before, I thought I couldn't possibly be at renewal time yet., because I wasn't aware that reviews are now carried out 12 months before an award ends. My mistake, for not researching the matter properly, and one I will definitely not be making again.

But even given that, when I filled in my AR1, and said no change, I meant there had been no change since completing the original PIP form, when I was transitioned from DLA (of which I used to get daily living, enhanced mobility). Unfortunately on this original PIP form I didn't clearly state that I need to sit to carry out the activity, just that I need help because of my restricted movement.

I also didn't agree with the previous tribunals decision that I shouldn't be awarded points for this activity (they also didn't give me points for using aids with toilet needs, that this MP/DM have given me), but as they hadn't made an error in law, and the medical report they were working from didn't contain anything from the MP that would support my argument, I couldn't really appeal it to the upper tribunal.

Also, a bit strangely in my opinion, they've also included all the paperwork (medical report, tribunal decision etc.) from my last application and appeal process as evidence for this one, despite things like the medical report being almost 3 years old by now.

So a couple of questions:

1 - Is it me or, as I believe, them that is interpreting CPIP33692015 incorrectly? In my reading of it, it only changes the decision in CPIP21682015 in that it clarifies that there must be a NEED for the chair/bed etc. to be used when dressing/undressing, for it to be classed as an aid, not only that it is USED. They seem adamant that it means that a chair/bed is now never classed as an aid, as the law has changed as a result of CPIP33692015, but I think they're wrong.

2 - Is it usual for a tribunal to be asked to take into account the decision of a previous tribunal, despite that previous tribunal having happened 2 years ago? and be referred back to a medical report from 3 years ago as well?

3 - If I'm right about 1, is it worth me adding another response to the tribunal, responding to the DWP's response, re-iterating my belief that they are misinterpreting CPIP33692015 and that it, along with the MP's report actual strengthen my argument regarding the fact that I have to sit when dressing/undressing means that what I am sitting on should be considered an aid?

Got to say this whole thing is getting to me now. As I said it's only been 2 years since my last tribunal, and with the award they've given me so far, I'll be going through this all again in 8 months time. No wonder the benefits system costs so much to run, if they run it like this.

Actually related to that renewal/award timescales thing, I have another question. The MP, on my most recent medical report has recommended that my condition be reviewed in 1 year, but that they expect the functional restriction identified in this report to still be present at this review. Is it worth me asking the tribunal to look at this, and ask them to consider extending the length of the current award, and any award they give me? Just not sure I can face going through all this again in 8 months time.

Thanks in advance, Bob

Thanks for the info Gordon.

On point 1. it's not that I have to use the bed, or a chair, that's the issue, it's that I have to sit down to perform the activity, and I would hope that they would expect me to have to sit on something, not just sit on the floor (which I wouldn't be able to get up from without help if I did).

Surely the actuality of what I'm sitting on isn't the issue, it's the fact that I need to sit, as observed by the MP at my last examination?

Maybe this is the problem with the DM's interpretation of CPIP33692015, they are concentrating on the fact that legally (according to their, IMO, incorrect reading of that upper tribunal decision) a bed or chair is not considered an aid, and not the fact that I need to sit, which would mean whatever I am sitting on should be considered an aid, as I wouldn't be able to dress without it.

Bob

Thank you.

Another update.

As I said I was considering above, I sent a written submission to the tribunal on 20/07 stating in more detail why I need to sit on the bed to get dressed, pointing out the references in the Medical Report that reinforce that, and detailing why both the UT decisions I've been back and forth with the DM about, actually support my claim that I should be considered as requiring to use an aid when dressing/undressing.

Anyway, I posted that on 20/07, sent RD to ensure I had a receipt for them receiving it, and got that delivery receipt on 23/07, so was sure they got it. Fast forward to 01/08 and I've still not received my numbered copy of the submission, to add to my copy of the papers, so I call HMTS to ask were they are.

When I finally got through, the gent I spoke to on the phone said that there was no record of my submission on the system, but as it had only been 7 days since they received it, and they were really busy, that it may take a few more days to get on the system from the post room. I told him that I had RM receipt to show that they definitely got it, and he said he'd add a note to my file to make sure the clerks etc. are aware that I have a submission coming, as the case was due to be heard (in his words, "ready to go") as a paper hearing.

Closing off the call he told me to wait till next week (best being Wed 08/08 according to him) to allow the thing to work its way through the system, and if it hadn't arrived by then, send it again.

So imagine my surprise when yesterday morning (04/08) I received my tribunal decision notice, as the hearing had been held, on the papers, on 01/08, i.e. the day I rang. Obviously they had not got a copy of my submission, and have just continued based on my original appeal application, and the DWP's response.

They have actually found in my favour, but in a very strange way. They have basically said that my appeal has been upheld, and so they've rolled back my award to the same as it was before the whole AR1 form was done, so I've now got 8 points for Mobility and 4 points for Daily Living. So effectively they've got rid of 2 points that the MP recommended I have in my medical in February, and ignored my argument that I should have got 2 points for dressing/undressing.

They even say that the DM failed to :

Explain why the respondent accepted the appellant's argument in his letter for mandatory reconsideration in respect of mobility (awarding points for the activity sought) but did not accept the arguments for points in respect for Dressing and Undressing

But then all they've done is undo this whole renewal process (I guess basically as I filled the AR1 in poorly) and extended the award I had previously had, till the new end date (13/02/2020).

So, as you may imagine, I'm a little confused. From my reading of the decision letter I guess I'm within my rights to ask for this decision to be set aside, and another one made, as I had made a submission, that the tribunal didn't see, and can prove that it was posted, and that they got it.

If I do this though, can I add something else to the submission? I completely forgot to reference the AR1 (and why I just ticked the boxes and sent it off, with little/no information) in my original submission. Would I be able to do that now, as part of the set aside process?

Thanks in advanced, a very confused/annoyed, Bob