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PIP appeal

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  • tifo
    tifo Posts: 2,107 Forumite
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    No, the longer time period is a consideration for the WCA too https://wcainfo.net/issues/majority-of-time-always

    This quite honestly seems to be fairly standard for inaccurate reports. The tribunal will be used to seeing this issue raised in appeals.
      Good info, this works in my favour. Thanks for this.
  • tifo
    tifo Posts: 2,107 Forumite
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    edited 25 May 2022 at 11:24AM
    Should I be quoting case law in my submission (due by next Weds)?

    The DWP have quoted cases, but I guess they have standard responses they send to everyone.
  • poppy12345
    poppy12345 Posts: 18,880 Forumite
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    What you should be focusing on is why you think LCWRA applies to you.
  • tifo
    tifo Posts: 2,107 Forumite
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    edited 25 May 2022 at 11:41AM
    Yes, on the WCA I am.
  • poppy12345
    poppy12345 Posts: 18,880 Forumite
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    tifo said:
    Yes, on the WCA I am.

    Sorry i got confused because you have 2 threads on the go. I'm sure you knew what i meant though. I don't know why you're so focused on quoting case law. Focus on where you think you should have scored those points and your reasons why.
  • tifo
    tifo Posts: 2,107 Forumite
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    edited 25 May 2022 at 4:01PM
    poppy12345 said:

    Sorry i got confused because you have 2 threads on the go. I'm sure you knew what i meant though.

    I don't know why you're so focused on quoting case law. Focus on where you think you should have scored those points and your reasons why.
    I know what you meant  :)

    I'm not focussed on quoting case law, I was asking because the DWP have quoted several cases in their responses for both.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
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    tifo said:
    poppy12345 said:

    Sorry i got confused because you have 2 threads on the go. I'm sure you knew what i meant though.

    I don't know why you're so focused on quoting case law. Focus on where you think you should have scored those points and your reasons why.

    I'm not focussed on quoting case law, I was asking because the DWP have quoted several cases in their responses for both.
            Unless you are absolutely clear on the significance and relevance of any case law precedence, I wouldn't.

          The tribunal judge will be well aware of any relevant case law.  

          I sometimes wonder if the quotes from legalisation in the DWP bundle are in there to deter claimants - it is certainly not useful to the tribunal panel. 
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • tifo
    tifo Posts: 2,107 Forumite
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            Unless you are absolutely clear on the significance and relevance of any case law precedence, I wouldn't.

          The tribunal judge will be well aware of any relevant case law.  

          I sometimes wonder if the quotes from legalisation in the DWP bundle are in there to deter claimants - it is certainly not useful to the tribunal panel. 
    I was thinking that if I don't mention a case why would the judge refer to it?
  • calcotti
    calcotti Posts: 15,696 Forumite
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    tifo said:
    I was thinking that if I don't mention a case why would the judge refer to it?
    I think you are relying on the expertise of the judge to know relevant case law. 
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tifo
    tifo Posts: 2,107 Forumite
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    I'm told that the DWP rarely attend an appeal, is this correct?
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