PIP - case law request

Hi all,

I have been refused PIP (nil points) and am now in the process of putting together a request for a Mandatory Reconsideration, with one eye on the almost inevitable appeal to a Tribunal. I was previously on low rate DLA mob and mid rate care.

I have a number of health conditions including (but not limited to) Chronic Fatigue Syndrome, long term/chronic depression and arthritis (knees, hips, one shoulder + other niggle. All have been formally diagnosed.

If anyone can help with case law citations relating to the following, it would be appreciated:

- preparing a simple meal. What is a "simple" meal and does prep have to be with fresh ingredients (like DLA)? Is the nutritional value relevant? For the majority of the time, I am NOT able to prepare more than sandwiches and/or bowls of cereal. I am variously limited by fatigue (fluctuating) and pain. I have more bad days than good days.

- mental health treatment for depression. Following a catalogue of failures by the NHS (complaint made more than two years ago; now with the Parliamentary and Health Service Ombudsman for the second time), I sought private help. Because of the costs, my options were limited and counselling was the only available option. The DWP has stated there is no evidence of mental health issues and has completely ignored my counsellor's report (which, of course, I was required to pay for). Are there any legal authorities specifically addressing the status and relevance of private treatment AND/OR the failure(s) of the NHS to provide relevant options?

- asking a Tribunal to direct the DWP or ATOS to produce the Disability Assessor as a witness - any case law / authorities on this point? I am aware of some Upper Tribunal decisions in which failures to summons witnesses and/or allow evidence to be challenged can be an error in law (e.g. CH/1815/2008 paras 37-39; CH/228/2008; CH/2036/2008 paras 10-12) but wondered what, if any, case law had arisen specifically relating to Disability Assessors).

- the qualifications and/or experience of the Disability Assessor. I know for a fact that my assessor was not a nurse or doctor. In fact, she was a paramedic with no specialist knowledge of CFS or mental health. What case law / authorities are there relating to this perennial issue?


Please note, at this time, I am not looking for info relating to the procedural aspects of applying for Directions, nor in relation to Tribunal procedures. I have some some old reference documents from a past life to prompt and remind me of one or two approaches.

PS: I know B & W is updating its appeals advice, especially in light of the likelihood of more cases going to the Upper Tribunal. With that in mind, here's one issue that might be helpful.
A representative can also act as a witness (CDLA/2462/2003 - pre 2008 but still relevant).

Gordon wrote: Kevin

The following site lists PIP Case Law in a sensible fashion.

www.pipinfo.net/

Gordon

I've only had the energy to take a quick look but, at first glance, it seems to be exactly what I need - many many thanks.