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6 years 1 month ago #209145 by lapen
Replied by lapen on topic DLA to PIP
Hi Gordon,
B&W PIP guide [Jan2017 version] on page 50 second last paragraph refers to a upper tribunal decsion...would you be able to give me the case number or link as I would like to add the reference in my grounds of appeal.
Many thanks

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6 years 4 weeks ago #209197 by Gordon
Replied by Gordon on topic DLA to PIP

lapen wrote: Hi Gordon,
B&W PIP guide [Jan2017 version] on page 50 second last paragraph refers to a upper tribunal decsion...would you be able to give me the case number or link as I would like to add the reference in my grounds of appeal.
Many thanks


I can't find the phrase mentioned in any of the Decisions and there are several that is could be, have a look at the following for a list of relevant Cases

pipinfo.net/activities/engaging-with-other-people-face-to-face

I've emailed the office to see if they can remember.

Gordon

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

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6 years 4 weeks ago #209267 by Gordon
Replied by Gordon on topic DLA to PIP
lapen

This is the specific case you were looking for

administrativeappeals.decisions.tribunal...px/view.aspx?id=4997

Gordon

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

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6 years 4 weeks ago #209271 by lapen
Replied by lapen on topic DLA to PIP
Thanks Gordon...the link you sent is to do with mixing with other people activity. But the case I am looking for is to do with 'making decisions about money' activity. I am not sure if I and you are looking at the same guide. The guide I am looking at is B&W's ''PIP claims and reviews on physical health, mental health and learning difficulties grounds [version 24/01/2017] which states on page 50 in second last paragraph:

''Having information read out An upper tribunal judge has held that a claimant who has dyslexia or who is blind may score points for this activity if simply having the financial information read out to them is not sufficient, even if they don’t have any additional impairment. The judge explained that if, for example, they become distressed, flustered or confused when trying to remember information that has been read out to them and need prompting as a result, they may score points for this activity.''

Sorry I should have been more specific in my query!

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6 years 4 weeks ago #209285 by Gordon
Replied by Gordon on topic DLA to PIP
Lapen

You need to be using the latest guide, the one that you are using does not contain the latest versions of the Descriptors, Case Law and guidance.

I think the UTT Decision is this one

administrativeappeals.decisions.tribunal...px/view.aspx?id=5019

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lapen

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5 years 11 months ago #212591 by lapen
Replied by lapen on topic DLA to PIP
Hi Gordon,
I have finally won my appeal!!!
it was a difficult experience...going to the tribunal...waiting for the court clerk to tell you - judge is ready for you.
Gordon, I would like to thank you and team B&W for all the help you have extended during my difficult times! I cannot thank you enough.
I must say RNIB welfare rights team has been a great help too in preparing court submission. They did a great job. Judge made the decision on the basis of submission. Decision was already made before I was called in by the judge. It was overwhelming moment when judge announced her decision and apologized for the delay in getting my award [though it was not her fault! I am over the moon!

I have few questions though:
I know it will take 3 to 8 weeks for DWP to process the decision
1) when can my wife apply for carer allowance reinstatement? can she apply now or do we have to wait for DWP confirmation?
2) do you think it is a good idea to complain about the assessor [who is an RMN] to NMC? Now I have tribunal decision in my favour which I can send with my complaint. The gist of my complaint would be that being an RMN...assessor should not have assessed a visually impaired person as he clearly lacked the knowledge required to assess a person with sight loss what its effects on functionality. He signed the report as RMN...hence brought disrepute to nursing profession....

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