Error in law

Thanks Gordon. :thumbsup

I've contacted our MP, the guy I spoke to said he'd be more than happy to help. I do think that DWP are abusing the system to put people off applying and taking the process further when their claim is denied.

UTT has already decided that being able to attend the assessment alone does not mean you can interact socially but they are still claiming that means he doesn't qualify. One of the symptoms of his condition means he wants to socially isolate himself so he put on the form that he doesn't go out because he doesn't want to. Apparently they don't understand socially isolating yourself means you don't want to go out!

Will I get a chance to respond to their reply or does it go straight to tribunal?

Cheers.

Thanks Gordon, I really appreciate your help and advise.

I understand what you're saying about UTT decisions but I've included them in MR and in his Tribunal submission and explained how they relate to him and his conditions. They have been totally ignored both in the MR and in the response to TS. All I can do is point out how ridiculous I believe their process is and list the reasons why.

His conditions/side effects make him socially isolate himself and not want to go out. He must attend the assessment, they are mandatory but attending the assessment means he doesn't qualify and not attending the assessment means his claim will be closed down. How is that natural justice? This has been decided on by the UTT in a specific case but also in generalised terms and that's what I've used. It's all a flim flam act with smoke and mirrors but I'm going to make it as hard as I can for them to reject his claim. I don't know the law very well but I know what's right and I can make a damned good argument to support him and I won't stop until he has what he is legally entitled to!

To be fair I don't expect much from the FTT but if I can get it to the UTT then I'm more hopeful of success. If the FTT rule against him I'm going to bang in another claim and if that's successful then the UTT will only have to rule on the intervening period.

I've heard this morning that the DWP are trying a new tactic. People moving from DLA to PIP are sent the forms, having assessments, getting a higher award than when they were on DLA so they are not being moved across to PIP, DWP are extending DLA!

How can that even be legal?

It was from a lawyer on another board I read, the applicant is her client and she is spitting nails! They had gone through the process, had the assessment and were then advised that DLA would be extended indefinitely, he was on low rate care and mobility. They requested the paperwork and had been awarded 16 points for Daily Living and 12 points for Mobility so would have been on enhanced for both.

She says 10 people have contacted her so far about the same issue and I know she's discussed it with ITV.