SUCCESS WON IN COURT TRIBUNAL

Bezzy wrote: Gordon ,
was wondering has i applied and started application from dla to pip in oct 16, do i need to be looking at differnt rules that applied then before any new changes that dwp have made since during 2017. , i hope to get representive sorted quickly has already down 9 days out of month allowed to go for tribunal. Is there a step by step tribunal guide for to start i have read so much lately my head is spinning

If the Decision you are appealing, not the date that you started the claim, was before 16 March 2017 then the changed Mobility Descriptors do not apply and you may be able to score for problems following a route that are the result of overwhelming psychological distress.

If the Decision was on after the 16th then you are bound by the new versions.

Gordon

Bezzy

Forgive me but this is not an issue to raise days before your hearing you should have dealt with issues like this months ago.

There is some merit to the DWP's argument but only some and your driving does not necessarily preclude you from scoring the points for the activities you hope to score for but you will have to potentially explain how you manage the driving but not the activities.

For example; driving requires reasonable levels of grip in at least one hand if not both and you do need to keep your arms elevated for significant periods of time so if you have reported problems with holding things or in using your arms up then there are obvious areas of contradiction.

In a similar way, driving requires reasonable attention and cognitive ability so there may be problems if you are claiming problems with these.

But it may be that you only drive when capable of doing so and for the majority of days your issues are serious enough that you have problems with completing the PIP activities, or you have other problems with completing the activities and it is the sum of these that mean you cannot, so your driving is only part of the picture.

Gordon