PIP Tribunal second attempt

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82043631#Comment_82043631

Yes.

Do you have to be uneducated to qualify for PIP?

Seems odd that the fact you went to school is used as a reason not to award PIP?

Flugelhorn

very curious set of comments - also worth making the point that in many areas people don't get inco products on prescription, well not the ones they would like or enough of them - so plenty of people buy their own

marcia_

https://forums.moneysavingexpert.com/discussion/comment/82043642#Comment_82043642

who knows depending on what disability/condition is being claimed for maybe or maybe not

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82043692#Comment_82043692

When I've said that my wife pointed out the errors in law made by the tribunal, she didn't personally identify them. I did say earlier in the thread that she got help from an organisation to do that, but the submission to the court does have to come from my wife so it is essentially her who is pointing out the errors even if she didn't identify them herself.

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82043690#Comment_82043690

Yes... it really doesn't make any sense.

How can a judge dispute the number of days there are in a week but not be held accountable? By that I mean that you can't appeal a decision based on something like that. It's seen as criticising the judge. Disputing that there are seven days in a week is not erring in law so it can't be used when challenging a decision.

I don't think judges come under any scrutiny as such.

leamingtonspaceman

Just another quick question.

Can a tribunal overturn a DWP decision on PIP, but award you less points than you thought you should get?

Or is it simply them making a decision about awarding you what you thought you should get?

Newcad

The judge has brought into question how many days there are in a week by
saying you can't be in pain for 4-5 days a week because there aren't
enough days in the week.

I can only think that the judge was hard of hearing and though she had said Forty Five?

Obviously that is still nonsense and should have been questioned further.

(The other possibility is the old Dave Allen comedy sketch.The Judge asks "Dont you mean sober as a Judge rather than drunk as a lord?" The lawyer/barrister replies "Yes m'lord").

Newcad

https://forums.moneysavingexpert.com/discussion/comment/82043727#Comment_82043727

Yes, the tribunal makes an entirely new decision based on the evidence that they have before them - whether that decision is advantageous to the appelant or not.

However they do warn you if they are thinking of reducing, or even disallowing, the existing DWP award - so that you can then withdraw your appeal and stick with what the DWP had awarded

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82044070#Comment_82044070

Thank you.

I was meaning can the tribunal award you say, standard rate care and mobility when you had asked for your award to be enhanced rate for both?

By this I mean that my wife's supporting evidence contains a report from a health professional giving each descriptor and the amount of points they think she should get for each and the reasons why. It would mean she'd get enhanced rates for care and mobility. But can the tribunal still award PIP but award standard rates?

If that makes sense...?

Newcad

Yes, as said the trubunal makes an entirely new decision based on the evidence that they have before them.

Whatever any "Health Professional" says is simply their opinion that you, or the DWP, or the tribunal, can use as evidence of the arguments before the tribunal.

The tribunal is a court, so their decision is law. (Barring any errors of law of course).