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6 years 6 months ago - 6 years 6 months ago #198057 by Gordon
I think what UKDJ is referring to is that if you cannot complete an activity reliably on the majority of days then you should be assessed on the level that you can do, but this does not always carry for the PIP activities as many of the Descriptors introduce additional criteria so one Descriptor is not necessarily incrementally more difficult than the previous one.
A good example of this are the two Mobility activities, the Moving Around activity basically looks at walking distance with shorter distances resulting in more points but the Going Out activity makes it more difficult to complete the activity by introducing additional and different criteria.
Gordon
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Replied by Gordon on topic Another PIP Tribunal 'Win'...
franny66 wrote: Yes regulation 4 stipulates that, but what do you mean by "If this is not the case, you must be assessed on the next level for the activity." next level for the activity? I doing appeal on this very point.....what case law if any did you use please??
I think what UKDJ is referring to is that if you cannot complete an activity reliably on the majority of days then you should be assessed on the level that you can do, but this does not always carry for the PIP activities as many of the Descriptors introduce additional criteria so one Descriptor is not necessarily incrementally more difficult than the previous one.
A good example of this are the two Mobility activities, the Moving Around activity basically looks at walking distance with shorter distances resulting in more points but the Going Out activity makes it more difficult to complete the activity by introducing additional and different criteria.
Gordon
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Last edit: 6 years 6 months ago by Gordon.
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6 years 6 months ago #198073 by franny66
Replied by franny66 on topic Another PIP Tribunal 'Win'...
Gordon will one get paper tribunal quicker than Oral hearing??
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6 years 6 months ago #198074 by UKDJ
Replied by UKDJ on topic Another PIP Tribunal 'Win'...
[quote="franny66
" post=198045]Yes regulation 4 stipulates that, but what do you mean by "If this is not the case, you must be assessed on the next level for the activity." next level for the activity? I doing appeal on this very point.....what case law if any did you use please??[/quote]
Hi franny66...
Gordon is correct in his interpretation of what I was trying to say - e.g. If you cannot walk 20-50 metres "... reliably, repeatedly, safely, to an acceptable standard & in a reasonable time period.", you must be assessed on the level that you CAN do. I didn't use any case law in my appeal.
My turn to ask a supplementary question -
What is "Regulation 4" and where do I find it? I know it's only academic now - as I have won my appeal - but I don't recall ever reading the phrase "... reliably, repeatedly, safely, to an acceptable standard & in a reasonable time period.", in any of the paperwork sent to me by the DWP as part of my original application to transfer from DLA to PIP!
" post=198045]Yes regulation 4 stipulates that, but what do you mean by "If this is not the case, you must be assessed on the next level for the activity." next level for the activity? I doing appeal on this very point.....what case law if any did you use please??[/quote]
Hi franny66...
Gordon is correct in his interpretation of what I was trying to say - e.g. If you cannot walk 20-50 metres "... reliably, repeatedly, safely, to an acceptable standard & in a reasonable time period.", you must be assessed on the level that you CAN do. I didn't use any case law in my appeal.
My turn to ask a supplementary question -
What is "Regulation 4" and where do I find it? I know it's only academic now - as I have won my appeal - but I don't recall ever reading the phrase "... reliably, repeatedly, safely, to an acceptable standard & in a reasonable time period.", in any of the paperwork sent to me by the DWP as part of my original application to transfer from DLA to PIP!
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6 years 6 months ago #198089 by Gordon
Possibly but there is no guarantee, Paper hearings are usually scheduled as short notice as holes appear in a panel's schedule but with the Tribunal Service so busy now, these holes are likely to fewer and father apart meaning they may have to go into the first in/first out pile as the Oral hearings do.
I would think very carefully before switching, especially if your only reason is a quicker hearing, statistically the success rate for Paper hearings is a lot lower than that for Oral ones.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Another PIP Tribunal 'Win'...
franny66 wrote: Gordon will one get paper tribunal quicker than Oral hearing??
Possibly but there is no guarantee, Paper hearings are usually scheduled as short notice as holes appear in a panel's schedule but with the Tribunal Service so busy now, these holes are likely to fewer and father apart meaning they may have to go into the first in/first out pile as the Oral hearings do.
I would think very carefully before switching, especially if your only reason is a quicker hearing, statistically the success rate for Paper hearings is a lot lower than that for Oral ones.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #198093 by Gordon
The DWP made an amendment to the original PIP legislation to require that the PIP activities are completed reliably. See
www.legislation.gov.uk/uksi/2013/455/made
Gordon
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Replied by Gordon on topic Another PIP Tribunal 'Win'...
UKDJ wrote: What is "Regulation 4" and where do I find it?
The DWP made an amendment to the original PIP legislation to require that the PIP activities are completed reliably. See
www.legislation.gov.uk/uksi/2013/455/made
Gordon
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