Feeling uneasy about support with pip application

Hi

I did a mandatory reconsideration because I expected to be awarded descriptor d rather than b for the 'planning and making jounryes' descriptor . In my MR letter, the only reason I argued for this was because I couldn't use public transport.
In the MR letter I quoted the dwp guide about not consdering people unable to make public journeys as being able to make journeys alone along with governments guidance which suggested people with higher transport needs should be considered for higher points.

Unfortunately the MR didn't apply the higher descriptor although at least my entitlement didn't go down. Oddly the reply letter states 'I CANNOT consider problems you have with.......use of taxis, public transport'. I requested a call back about this because it clearly contradicts the dwp guidance and arguably the government guidance(higher transport costs). The decision maker who called me agreed there was a contradiction with what the dwp guidance states and what it states on the decision makers MR letter(in relation to public transport). In any case he told me I would have to take it up at an appeal. I have a few questions:

1. In addition to my public transport problems, I could have argued that I need assitence when outside rather than just prompting, however the MR deadline was approaching and I was so confident about my public transport problems so I didn't argue about the interpretation of descriptor e or raise this in my MR. Since I didn't argue about this in my MR, do you think it would be problematic or if I were to raise this in an appeal now?

2. Since public transport isn't mentioned in the government guidance but it is mentioned in the dwp guidance and I do have higher transport needs, do you think I can still get descriptor d at appeal stage on grounds of being unable to use public transport and having higher transport needs. I would like to point out that my case for these specific details are quite strong.

3. If I do submit an appeal. Is it possible that somebody will look at it and make the award without the need for a face to face tribunal or will this have to be\is likely to be decided at a face to face tribunal?

4. Regarding any face to face tribunal, will they look at the entire award again and ask me about everything or will they only focus on only on the public transport/increased journey costs issue?

Many thanks

Hi Gordon. Please kindly clarify:

1. Am I right in thinking that when the tribunal look at my papers, if they think that my award can be changed i.e. go down, then they will contact me first (telephone or letter) to let me know this is the case and at this point, I will have the option to withdraw?
Therefore if they did not contact me about any potential threat to the award before the face to face tribunal, I should NOT expect to be asked about descriptors other than the descriptor I am appealing at the tribunal?

2. Since I don’t know why the decision maker didn’t apply the dwps’ own guidance on the public transport issue, I don’t know how they are arguing their decision from a interpretation or legal perspective. As I said, even the person who called me admitted the guidance contradiction. Should I expect to see their explanation when they send me all the case papers (will it include their legal/interpretation arguments) or do I have to wait and find out at the tribunal? Can I contact the dwp asking for a detailed explanation in advance so I can prepare for the appeal/realise if I have case?

3. As I am tired and it’s not my strongest point, I may not try to argue about the needing assistance issue and just focus on the transport issue. In my appeal form/letter is it ok for me to just reference the MR letter(which has all my arguments) and point out that the MR decision letter simply disregards the arguments I have already made, or do I have to make the arguments all over again in my appeal form/letter?

Gordon wrote: 3. The DWP may look at your claim when they receive your appeal submission, but if they do it is most likely that this will not happen until immediately before the hearing. Be aware they are only required to make a more favourable award, this may not be the award you want.

Hi Gordon. From your appeals guide it seems that after recieving my appeal the dwp will create a counter report which will be sent out to me. I will then have some time to counter their arguments and submit further evidences before the hearing. However in your above sentence it seems that they will not look at the claim until 'immediately before' the hearing. This wouldn't give me time to produce a case.
Did you mean that they will produce the reports and send it to me and I will get time to produce a counter case, however as regards to them changing the decision in my favour, this is most likely to occur immediately before the hearing(even though they could have done it when recieving and look at the appeal. Is that what you meant?

Also:

2. once they see my appeal and produce the report, is it likely to be personalised to my appeal e.g. will it says 'we think descriptor d is only for navigational help as was our guidance about navigation based public transport wherease the claimant wants it other grounds' or is it going to be the same detail lacking papers as with the mandatory reconsideration notice?

3. If they do simply state that the dispute is based on wheather planning journeys descripor d amounts to navigational help and that higher transport costs do not allow one to score on the descriptor, wouldnt this be a good case to just change to a paper hearing and submit your template detailing Judge Agnews perspective and relevant law about higher transport costs? It seems to me my case will not change in any other respects as the evidence is quite good and previous decision makers didn't change anything, so if its a matter of them choosing which law they want to apply, don't you think a paper hearing is sufficient at which point they'll take their pick and its not really neccesary for me to be there?

Many thanks