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PIP tribunal
- kmwooding
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1 year 11 months ago #276669 by kmwooding
PIP tribunal was created by kmwooding
Good morning, I am helping a friend with her PIP claim, I didn’t submit the original forms, I only got involved at the MR stage.
We have applied for a hearing and have now received the DWP submission to the tribunal.
They are stating that any new evidence dated after the original decision date should not be considered.
Is this correct?
The extra information we have sent are hospital letters confirming diagnosis, copy of occupational health report from former employer, copy of ESA report advising Limited Capability to Work.
They seem to be implying that because my friend can drive and use a satnav then she is cognitive at all times and shouldn’t struggle with tasks.
How do we respond to that?
Thanks in advance
Woody
We have applied for a hearing and have now received the DWP submission to the tribunal.
They are stating that any new evidence dated after the original decision date should not be considered.
Is this correct?
The extra information we have sent are hospital letters confirming diagnosis, copy of occupational health report from former employer, copy of ESA report advising Limited Capability to Work.
They seem to be implying that because my friend can drive and use a satnav then she is cognitive at all times and shouldn’t struggle with tasks.
How do we respond to that?
Thanks in advance
Woody
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- BIS
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1 year 11 months ago #276683 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP tribunal
Hi kmwooding
It is true that they shouldn't consider any new evidence because the panel's job is to decide whether the assessor made a right or wrong decision at the time of the assessment. That's not possible if they start looking at evidence that wasn't available at the time.
Tribunals seem to take a more measured approach to a claimant driving than the assessors often do. Assessors are not supposed to look at driving alone but look at all modes of travel. So for example someone might drive a car because that is easier and less stressful for their mental health than being on a noisy bus or trying to walk along crowded streets in the rush hour. The latter two examples might cause the person overwhelming psychological distress.
If you are trying to argue that a person does not have cognitive abilities all the time, you would need to explain why they don't and how this manifests itself. It needs to be linked to their medical condition/s. Be aware the panel may question whether your friend is safe to drive at all. I am sure they will assume if a person can follow a satnav - they can also use a microwave to cook a meal. It's not the same, but it's the sort of thing they will link together.
BIS
It is true that they shouldn't consider any new evidence because the panel's job is to decide whether the assessor made a right or wrong decision at the time of the assessment. That's not possible if they start looking at evidence that wasn't available at the time.
Tribunals seem to take a more measured approach to a claimant driving than the assessors often do. Assessors are not supposed to look at driving alone but look at all modes of travel. So for example someone might drive a car because that is easier and less stressful for their mental health than being on a noisy bus or trying to walk along crowded streets in the rush hour. The latter two examples might cause the person overwhelming psychological distress.
If you are trying to argue that a person does not have cognitive abilities all the time, you would need to explain why they don't and how this manifests itself. It needs to be linked to their medical condition/s. Be aware the panel may question whether your friend is safe to drive at all. I am sure they will assume if a person can follow a satnav - they can also use a microwave to cook a meal. It's not the same, but it's the sort of thing they will link together.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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