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Tribunal Application DLA-PIP

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5 years 8 months ago #214948 by mary_r_t
Tribunal Application DLA-PIP was created by mary_r_t
Hi all,

On Friday I received my MR decision. I'd prepared it challenging the assessors report with additional supporting evidence from my GP. The MR was basically a rewording of the original decision and didn't cite content of the additional information I'd sent in or why they'd chosen to ignore it. They also defended the health professional and added in assumptions that are detailed nowhere in the evidence.

I'd also asked them to consider the recent case law CPIP/3272/2016 saying that they should at least give consideration and an explanation of why an award of High/Low under DLA had been reduced to 0 points with PIP.

We're planning a case to tribunal - and the clock has started ticking again to get everything done.

I have a few questions for advice
- is there such a thing as too much evidence at this stage? I can paint a consistent symptomatic picture over many years but the DWP only seemed interested in 'new' evidence. Will the tribunal look at the big picture?
- what's the best way for my husband to supply evidence? Is it in person? The DWP claim I can do lots of things and I'm safe independently - our position, and the position of my GP (which is true) is that my husband supports and supervises me 365 days a year - which is the significant factor.
- I do work but it's in part-time supported employment. Will a letter from my employer detailing my reasonable adjustments and support at work help?
- I have copies of the DLA decisions in 2010 and 2015 will they add any weight to my request that they make a ruling in line with the rules on transfer in CPIP/3272/2016?

My current plan (thanks to the guides) is to submit my application detailing the inconsistencies in the HP report and pointing to the evidence we've submitted that backs up our position and asking the tribunal to give weight to the evidence of people who have known me and my case a long time.

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5 years 8 months ago #214954 by Gordon
Replied by Gordon on topic Tribunal Application DLA-PIP
Mary

No there is no such thing as too much evidence but remember that the panel will have access to everything you have already submitted as part of your original claim and the MR so you do not need to submit this as part of your appeal.

The Tribunal will look at all of the evidence presented with an unbiased eye, although you might want to have a look at the following.

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge

Two things, he can attend your Tribunal as a witness but I would also spend some time going back through your PIP2 to make sure that you have addressed the criteria correctly. Whilst we do regularly see members going from zero points to an award at appeal, it does suggest that you have not explained your problems well or that you have not done so in terms that are relevant to PIP.

An appeal is not often not about providing new evidence, it's more often about better explaining what has been presented already.

If you work then you must explain how you do so and still have issues with completing the PIP activities, a letter from your employer may help you do this.

It's important to understand that CPIP/3272/2016 does not provide blanket coverage of a transfer from DLA to PIP, whilst there are areas of overlap between the two benefits, the criteria can actually be radically different and even where it is not, PIP was engineered to be a more difficult benefit to award, so a DLA award does not always translate into PIP one.

Two good examples of this are DLA Higher rate Care which is awarded for fundamentally different reasons than PIP Enhanced Daily Living and DLA Higher rate mobility where the walking distance was generally accepted as being 50m, this translates into a Standard award for PIP.

Dealing with the report is important but you will only receive an award by showing that you should score the points for one, so this must be your priority for the appeal.

Gordon

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

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5 years 8 months ago #214964 by mary_r_t
Replied by mary_r_t on topic Tribunal Application DLA-PIP
Thank you again Gordon. That's made me think I'm on the right track with it all. I'm currently gathering all the bits I can find that might help the big picture.

I think my biggest problem has been a particularly bad assessors report because I completed my forms using the guides - remembering to include things like frequency and keywords. I'll go through it again though - and the MR submission I made to see if there's anything else I've not said clearly enough.

Just one example from Eating and drinking:
I've put that my husband prompts me every day and I will forget to meals or lack motivation to eat.
My husband has put that I will often not bother to eat so he has to make sure I'm eating
The HP noted that "husband needs to encourage her to eat"

And then the HP has chosen 0 points by saying I eat daily with no reference to my husband's input.

My line manager is on holiday until next week but I'm sure he won't have a problem writing a letter about the specialist nature of my employment. My GP has already stated in his letter that it's supported employment which will help to highlight.

Thanks again.

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5 years 8 months ago #214984 by Gordon
Replied by Gordon on topic Tribunal Application DLA-PIP
Mary

The things I would pick out from your example, I'm not asking you to tell me these things, is that you do not explain why you need the prompting, what condition(s) cause the need, how often you are effected and how you deal with situations where the prompting is not available, for example when you are at work.

Gordon

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

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