PIP MR request - Activity 9 - Clarification over case law

Demerara

Thanks AliceHolt

No I haven't ... starting to make sense now though after your post. I am wondering if it was a mistake to decide to do it on my own without a representative as I am so tired these days I have little energy to do research and read through the process.

poppy12345

Alice_Holt wrote: »

I'm not sure how you will receive this for an online appeal. Because of the sheer number of pages, a paper copy is likely to be helpful, as relevant points can be more easily identified, ordered and highlighted.

The bundle will be received as a paper copy.

Illbedamned

Interesting post

On the one hand i" function" at work and speak to people, because i have to. I cannot afford to live off SSP so no matter how bad 'im feeling i have to at least appear to function at work.

But outside of work? I've been out socially once in the last year, i have no friends (actually none...thought i had one left but shes screwed me over too so back to zero), i actively avoid socialising with people because it makes me anxious and i am unable to maintain or start new friendships. I pretty much don't see or speak to anyone outside of work. Not sure how that works with PIP

Demerara

I have now received the bundle from DWP, they keep banging on about "no evidence of cognitive and mental health issues" ... I said I needed social support due to mental fatigue resultant from my disability which means that this impacts on my ability in being able to socially engage!!

Anyway, would be grateful for guidance about what next.

Demerara

Hi all, I have received an email asking me to help test the online appeal service. Any advice/experience of it?

Alice_Holt

Demerara wrote: »

I have now received the bundle from DWP, they keep banging on about "no evidence of cognitive and mental health issues" ... I said I needed social support due to mental fatigue resultant from my disability which means that this impacts on my ability in being able to socially engage!!

Anyway, would be grateful for guidance about what next.

That DWP wording is fairly standard and tbh I wouldn't bother addressing it in your submission (other than perhaps a brief mention that they haven't fully considered the mental fatigue and how you are after any social engagement - the repeatedly criteria comes in here) .
The important thing to to explain how the mental fatigue resulting from your disability impacts on your ability to socially engage. Give examples - a summary of a typical week could be helpful. If you can get written confirmation from family / friends / colleague's to include with the submission.
Just build you case (with reference to your PIP2 form if you covered it there) and make it as strong as possible.
It sounds like the DWP haven't taken account of your particular difficulties, so their rationale need not be directly countered.

Sometimes the assessment report section on functional history can be useful. You might have told the assessor things that support your case, but that the assessor and DWP DM went on to ignore or dismiss. So, it's worth having a careful look through this section of the report to see what the assessor noted.
Any useful comments, especially if consistent with your PIP form and MR form - can be quoted on your submission (with reference to the page numbers) to support your case. As mentioned before, the reliability test will be crucial (in combination with variability).

Demerara

Thanks Alice Holt

Demerara

Hi Everyone,

Yet another question ... does DLA case law still apply to PIP?

Thanks!

Alice_Holt

Demerara wrote: »

Hi Everyone,

Yet another question ... does DLA case law still apply to PIP?

Thanks!

No, as they are different benefits with different criteria and regulations.

What aspect of case law are you looking at?

Demerara

Hi Alice Holt

I was told to have a look at Secretary of State V Fairey [aka Halliday], 1997. In the Fairey case, the following was stated in the House of Lords:
“the test ….is whether the attention is reasonably required to enable the severely disabled person, as far as is reasonably possible to lead a normal life…. Social life in the sense of mixing with others, taking part in activities with others, undertaking recreation and cultural activities can be part of normal life”

This would fit my case but then I am unsure whether I can refer to this. I have found other PIP judgment where the ruling refers to SoS vs Fairey

https://assets.publishing.service.gov.uk/media/59019c04e5274a06b3000261/CPIP_3622_2016-00.pdf

So confusing!