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PIP tribunal appeal advice re MH court ruling

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5 years 3 months ago #242646 by jim555
Can someone help with what is needed in the reasons for appeal please?

Do I need to just put the relevant descriptor i am appealing for or do I need to also include the descriptor I was awarded but am disputing as well?

Additionally, should I focus solely on the descriptor I want to be awarded or is it vital I also dispute the original descriptor, i was awarded too?

I am relating to mobilty 1e and 1f so complications in regard to mutually exclusive etc. To avoid digging a hole for myself.. best direction, focus, and best avoidance tactic to not help DWP's case etc would be very much appreciated.

I also note in reference to the 1f descriptor..

"Claimants can satisfy the descriptor by showing that they typically need to be accompanied by another person... on the majority of days when undertaking familiar journeys"
"it's not necessary to show that they need such support for every possible familiar journey on most days" -

Can someone help clarify this point for me please and its relevance in relation to satisfying the descriptor 50% of the days or more please.

Also is Depression, Anxiety, OCD and Misophonia contribute collectively or individually to the claimant potentially having limited cognitive ability? A cognitive impairment? Cognitive difficulties relating to the activity?

Thanks in advance

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5 years 3 months ago #242647 by jim555
* I know I satisfy the mental health condition that results in OPD but wondering if I can cover the cognitive impairment criteria too?

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5 years 3 months ago #242648 by jim555
Can anyone suggest a representative that can attend an oral hearing in your absence with supporting evidence why you can't attend in person?

If I can't find a solution here I will have to submit a request for a paper hearing and thus reduce my chances of winning my appeal?

What about submitting a request for an oral hearing initially and then pulling out last minute? I know this is not the right way but may it improve my chances of my appeal being awarded prior to any oral hearing date? Also in the absent of attending the oral hearing will a paper based appeal go ahead in the same way as it would have, if I had originally requested a paper based hearing?

Anyone got personally experiences on this topic?

Thanks again guys

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5 years 3 months ago #242656 by BIS
Hi James

The reasons for appeal are any points where you disagree with the decisions that were made.

Firstly you argue against what you were awarded and if you think it should have been awarded differently say so. Look back at the earlier posts and what Gordon said on this.

Regarding the ' undertaking familiar journeys' and ' not necessary to show that they need support for every possible journey on most days' against the 50% rule - it seems like a contradiction. The thing is in one of your previous posts you talked about the need for support on the majority of days. Argue that.

We're not medically trained. If you experience cognitive difficulties in any way that affects you from fulfilling the PIP criteria say so. It is up to the panel to judge what does or does not apply.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jim555

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5 years 3 months ago #242657 by BIS
Hi James

You know about your health conditions and you need to argue the points. The Tribunal makes the decision. We cannot say whether you will satisfy a descriptor or not.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 3 months ago #242663 by jim555
Hi BIS,

Thanks you for your replies. I do not intend on undermining your knowledge relating to my circumstances or the PIP internal process - just trying to air my suppressed thoughts and questions in order to achieve some clarity and direction on the mamouth task ahead of me.

In response to your comment,


Regarding the ' undertaking familiar journeys' and ' not necessary to show that they need support for every possible journey on most days' against the 50% rule - it seems like a contradiction. The thing is in one of your previous posts you talked about the need for support on the majority of days. Argue that.

The problem I face is finding supporting evidence back in 2017 relating to 1f being completed over 50% of the days in the required period. It is a much more difficult task opposed to proving the 50% rule only being applicable when the activity is required - which suggests the activity does not need to be completed over 50% of total days being considered?

It's vital for me to grasp a clear understanding of this because it will relate to whether I have to undertake a supported journey (go outside more than 168 days out of 365) and have "evidence to prove this more than 2 years ago"

I apologise if I am frustrating you, just trying my best in this difficult and confusing situation.

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