PIP Appeal Question

Hi Unknown Error

You can submit any evidence for your appeal - up until two weeks before the Tribunal takes place - so if you feel you want to highlight this case law to them you should do so.

BIS

Hi Unknown Error,
This is how I would use caselaw. I put the case citation in bold. I have written this in 3rd person, but you could write saying 'I have constant pain...'.
I don't think there is a need to send a copy of the entire case report, if you have properly quoted the case. On occasions I do quote a salient paragraph, but there is no need to do this. It is probably better not to include too much detail from the case as the tribunal may well ask you about this at the hearing!

This is an example describing that pain needs to be taken into account

The effect of pain must be taken into account - PS v SSWP [2016] UKUT 0326 (AAC) CPIP/665/2016. Mr X has constant pain, which becomes much worse upon undertaking descriptor and other activities. In addition, Mr X gets breathless. Pain and breathlessness indicates that Mr X is not completing an activity to an ‘acceptable standard’ in respect of Reg 4(2A).
Both the Assessor and DWP have failed to take into account the excruciating pain that MrX constantly has, and in particular when he performs descriptor activities such as dressing, preparing and cooking food, and walking around.

Or Engaging with other people

DWP have awarded zero points under this descriptor. They have concluded Mr X says hello and therefore can engage with others.
MrX might occasionally say ‘hello’ back to a passer-by, he would not initiate a greeting, and would certainly not continue a conversation. Any greeting made would be out of politeness, and not out of any desire to strike up a conversation with a stranger – Mr X would find this very stressful and it would cause considerable anxiety, with panic attacks
as evidenced in the report from Social Worker Mary Smith.

However, DWP have not used the correct legal test.

RC v Secretary of State for Work and Pensions [2017] UKUT 0352 (AAC)confirms that the test for ‘engaging’ requires more than just reciprocating exchanges such as saying hello, or discussing the weather at the bus stop. The proper legal test involves consideration of the ability to interact face-to-face in a contextually and socially appropriate manner, understand body language and establish relationships.
Mr X only leaves the house when absolutely necessary, and does not go out socially ever. He does not have any friends.
Mr X has regular panic attacks, he gets very dizzy and out of breath, he will not answer the front door to callers. This suggests he should be awarded 8 points under 9d.

I hope this helps.
LL26