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PIP mobility tribunal based on MH ruling (tribunal judgement)

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2 years 2 months ago #274585 by merah95
Hi
Thanks for your insight but I still would like another opinion, is there another moderator around?
I am not targeting F
I am not targeting D
I am not going to the tribunal for ‘’they needed someone with them on a journey’’

I did not appeal the original decision in 2018
DWP wrote to me saying that they can look at my pip award again with a pip.7108 form earlier this year, I guess it’s called a mandatory reconsideration.

Then they wrote and refused using the term mh vs dwp to change the 2018 mobility decision and mentioned about a tribunal which I’ve decided to do.

My question is simple will this tribunal which I hope is just about mobility question 1 because that’s the only question I’m focusing on. (I don’t particular want comments from moderators if its not about this question solely)
Will this tribunal due to MH vs dwp allow me(aka do the tribunal have the powers if I present my case well) to get E 10 points through me showing and explaining ‘’overwhelming psychological distress’’ and ‘’they could not undertake a journey at all’’

Kind regards.

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2 years 2 months ago #274595 by BIS
Hi Merah

No one knows more about these issues than Gordon.

Good luck at your Tribunal.

BIS

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

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2 years 2 months ago #274604 by merah95
My question is simple will this tribunal which I hope is just about mobility question 1 because that’s the only question I’m focusing on. (I don’t particular want comments from moderators if its not about this question solely)
Will this tribunal due to MH vs dwp allow me(aka do the tribunal have the powers if I present my case well) to get E 10 points through me showing and explaining ‘’overwhelming psychological distress’’ and ‘’they could not undertake a journey at all’’

Kind regards.

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2 years 2 months ago #274605 by Gary
Hi merah95

Your question may be simple but the answer is not. Tribunals are a law unto themselves and we cannot predict which way they will go, if I could then I would do the lottery each week.

Gordon has already given you an answer, it may not be the answer you want to hear, but we all look up to Gordon who frequently puts us right if we stray from the path.

Gary

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

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2 years 2 months ago #274617 by Gordon
merah95

I will answer your specific questions with specific answers.

Will this tribunal due to MH vs dwp allow me(aka do the tribunal have the powers if I present my case well) to get E 10 points

No, because the UTT Decision referred to as MH only applies to OPD in regard to Descriptors (d) and (f) not (e).

through me showing and explaining ‘’overwhelming psychological distress’’ and ‘’they could not undertake a journey at all

Yes

The letter you refer to in your latest post was sent by the DWP's LEAP Team, this initiative was set up by the DWP in response to the UTT Decision known as MH.

In the letter, the DWP are saying that they have seen no evidence that you meet the revised guidance for Mobility Descriptors (d) and (f).

The letter makes no comment or Decision in regard to whether you could meet (e) as this was not affected by any of the changes that the DWP made to Mobility Activity 1, which were subsequently overturned by MH.

Please understand this is not my interpretation of the MH Decision, this is what it actually covers.

I feel that we have reached the point where we cannot offer any more advice to these specific questions as I/we are simply repeating ourselves.

If you have questions about anything else other than MH's applicability to your claim, for example; how you might show that you cannot leave your house on the majority of days due to OPD, then we will be pleased to provide whatever assistance we reasonably can.

Gordon

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

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2 years 2 months ago #274651 by merah95
Hi
will the tribunal be looking at all the other pip questions 1 to 12 (care 1 to 10 and mobility 11,12) its just I’m only preparing for mobility question 1 (number 11)
Thanks in advance.

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