Has there been any case law regarding refusal of a PIP claim whereby a claimant has been offered an invasive operation that 'may' improve their symptoms / condition, which the claimant refused on grounds of associated risk from said operation ?
The only information I've managed to find was in the disability handbook by Rightsnet that was published around 2010 with reference to DLA claims.
Doris wrote: Has there been any case law regarding refusal of a PIP claim whereby a claimant has been offered an invasive operation that 'may' improve their symptoms / condition, which the claimant refused on grounds of associated risk from said operation ?
The only information I've managed to find was in the disability handbook by Rightsnet that was published around 2010 with reference to DLA claims.
I'm not aware of anything in this area, you can have a look at the following to see if there is, it's a bit easier to search than the Case Law site.
I don't believe the PIP legislation makes any statements about this area, so previous Case Law on the subject may still be relevant, but if you intend to reference anything, make sure you fully understand it before doing so, most Case Law is made in respect to a very specific set of circumstances and you need to show that your situation matches this for it to be applicable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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