PIP MR request - Activity 9 - Clarification over case law

poppy12345 wrote: »

My advice would be you only need to put down which activity/descriptors you think you should have scored those points. If there's some you agree with then you don't need to mention those.

I think it is worth just briefly mentioning the descriptors you agree with near the beginning. Just something like this:

Just to confirm poppy's (and calcotti's) points.

My local CAB occasionally has claimants who have been guided by the tribunal panel to get CAB advice prior to a rescheduled hearing of their appeal. On looking through their evidence bundle, it often becomes apparent that their current award is at risk, should they decide to continue with their appeal.
Normally these are claimants whose award has decreased (perhaps in moving from DLA to PIP), who don't understand the activities / descriptors, have failed to prepare for their hearing, and are appealing solely because their money has reduced.
Regrettably a few decided, against our advice, to continue and then ended up losing what they had.

On the other point.
Sometimes the activities / points awarded in the report (or between assessments) are inconsistent - e.g. points awarded for needing to be prompted to (say) dress due to depression, but no points for needing prompting to wash / bathe due to depression.
Then the rationale for the points given in the report can be used in a submission to support the argument that points should have been awarded for additional activities.
This also (if the evidence is sound) has the benefit of, in effect, shoring up the points already awarded.

Alice_Holt wrote: »

Sometimes the activities / points awarded in the report (or between assessments) are inconsistent - e.g. points awarded for needing to be prompted to (say) dress due to depression, but no points for needing prompting to wash / bathe due to depression.
Then the rationale for the points given in the report can be used in a submission to support the argument that points should have been awarded for additional activities.
This also (if the evidence is sound) has the benefit of, in effect, shoring up the points already awarded.

Muttleythefrog wrote: »

But I suspect there probably are often apparent contradictions or inconsistencies in these reports which could be useful to highlight where it benefits a descriptor argument.

Very good point. Also worth just checking that the points awarded are consistent with the decision text. I have see instances where the text says “I agree that you need an aid to do ...” but then no points have been awarded. In such an instance it is obviously sensible to highlight this.

calcotti wrote: »

Also worth just checking that the points awarded are consistent with the decision text. I have see instances where the text says “I agree that you need an aid to do ...” but then no points have been awarded. In such an instance it is obviously sensible to highlight this.

Another good point.

With the poor quality of some of the assessments and DWP decision making, it is hardly surprising that appeal success rates stand at over 70% (and that hearing waits for a tribunal hearing are so lengthy).


With apologies to the OP for diverting from his thread.

I have posted this before, but I think it merits repetition.
A colleague at my local Citizens Advice has a 100% benefit appeal success rate (as a representative) in the current financial year. Total annual benefits gained for clients, through appeals since April, total over £450,000.

For me, this illustrates just how badly flawed the assessment process can be. After all, two DWP decision makers are involved before the appeal is lodged. But when these appeals come before a tribunal with a CAB written submission - all these appeals have been allowed.

Surely the DWP should have a more thorough reconsideration process?
If as an employee, every single decision I made was reversed by an independent body - would I still be in a job?

Demerara wrote: »

Good morning All,

I have now lodged my appeal online ... whilst filling in the form, it was mentioned that evidence could be sent later on and an email would be sent with the info as to where evidence should be sent. I have not received any such email though I have the email confirmation of the appeal request going through. Any ideas of what is happening? As a side note, the way the form is completed online is constantly changing .. at least this is what I saw over the past few weeks of attempting to fill it in.

Thank you.

Have you received the evidence bundle from the DWP?
This can stretch to 100 plus pages, as it includes your original PIP form, the disputed assessment, the DWP decision makers reasoning, and (if a renewal) previous assessments and decisions.

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.

I would suggest that you hold fire on submitting your evidence until you have received this bundle.
As you can then directly address any specific points in the assessment / DM's reasoning, and tailor your submission (and evidence) to counter the DWP arguments.