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Trying to find a Tribunal Ruling
- ethan
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5 years 1 week ago #247211 by ethan
Trying to find a Tribunal Ruling was created by ethan
I may be mistaken but I'm trying to find a tribunal/case law ruling to do with the Engaging with People Face to face activity (Pip).
I have a suspicion the ruling advised it was inappropriate for an a HCP to claim an individual had no difficulty with engaging with people face to face simply because they were able to engage with the assessor on a face to face at home or GP in an office.
Can anybody confirm this is correct and point me to any relevant information (with regard to this)? Thank you.
I have a suspicion the ruling advised it was inappropriate for an a HCP to claim an individual had no difficulty with engaging with people face to face simply because they were able to engage with the assessor on a face to face at home or GP in an office.
Can anybody confirm this is correct and point me to any relevant information (with regard to this)? Thank you.
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- BIS
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5 years 1 week ago #247218 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Trying to find a Tribunal Ruling
Hi Ethan
I don't know of the specific case you make be looking for. Here is one that may be helpful. You just need to google case law for engaging with people and a number of rulings come up.
assets.publishing.service.gov.uk/media/5...PIP_2685_2016-00.pdf
BIS
I don't know of the specific case you make be looking for. Here is one that may be helpful. You just need to google case law for engaging with people and a number of rulings come up.
assets.publishing.service.gov.uk/media/5...PIP_2685_2016-00.pdf
BIS
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- ethan
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5 years 1 week ago #247236 by ethan
Replied by ethan on topic Trying to find a Tribunal Ruling
Thanks for the help.
I was awarded no points for Engaging with People Face to face (Pip).
I have a brain condition where the signalling gets misinterpreted leaving me with no positional awareness. I fall and it can happen sitting or standing. There can be a number of triggers. Because I fall my brain is in a constant state of psychological distress. The more stress it is under, the worse the condition gets. Engaging with people makes this worse. The condition was confirmed by my consultant. The distress was so severe a psychological counselling organisation referred me to a Neuro-psychologist. Neuropsychology told me there was nothing they could do because they didn't catch the condition at its onset and-unlike most people in my situation, I have to further aggravating conditions , which means my condition will not go away. The DWP awarded me no points because I was able to maintain eye contact and talk on a face to face assessment at home. I have asked for a reconsideration. I received only 9 points for the daily living activities and the additional 8 points I wasn't awarded would have put me in the enhanced rate category. You will probably have a better understanding of the link you have provided than me, but am I right in assuming that (1) the evidence of my conditions should have been taken into consideration- and (2) whether it still remains the case that a social setting and not a situation where I am lying in bed not able to move as a result of my illness, should have taken precedence? Ironically, the reason why the F2F was done at home was because of my difficulty in being able to attend appointments and being unable to engage with other people. Thank you.
I was awarded no points for Engaging with People Face to face (Pip).
I have a brain condition where the signalling gets misinterpreted leaving me with no positional awareness. I fall and it can happen sitting or standing. There can be a number of triggers. Because I fall my brain is in a constant state of psychological distress. The more stress it is under, the worse the condition gets. Engaging with people makes this worse. The condition was confirmed by my consultant. The distress was so severe a psychological counselling organisation referred me to a Neuro-psychologist. Neuropsychology told me there was nothing they could do because they didn't catch the condition at its onset and-unlike most people in my situation, I have to further aggravating conditions , which means my condition will not go away. The DWP awarded me no points because I was able to maintain eye contact and talk on a face to face assessment at home. I have asked for a reconsideration. I received only 9 points for the daily living activities and the additional 8 points I wasn't awarded would have put me in the enhanced rate category. You will probably have a better understanding of the link you have provided than me, but am I right in assuming that (1) the evidence of my conditions should have been taken into consideration- and (2) whether it still remains the case that a social setting and not a situation where I am lying in bed not able to move as a result of my illness, should have taken precedence? Ironically, the reason why the F2F was done at home was because of my difficulty in being able to attend appointments and being unable to engage with other people. Thank you.
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- BIS
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5 years 1 week ago #247237 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Trying to find a Tribunal Ruling
Hi Ethan
I am not an assessor, but if they were going to ignore that information they should have given an explanation as to why and they clearly didn't. I know plenty of people who are capable of eye contact but don't actually engage. You replied to their questions because if you hadn't you would not have received an award. Some of what you would have gone through at the time of assessment, would not even have been visible to the assessor. You might point out in your MR that it is difficult to understand why someone who has met you for an hour, can discount information from your consultant who confirms the difficulties. You are right to say there is no correlation between the PIP home assessment to a social situation where there will be numerous stimuli that will affect you, some of which could not be predicted. Emphasize there is no cure and that is has been confirmed your condition can to be improved.
If you have any family member/friend who has witnessed what you go through, and if they have not already submitted a corroborating letter and they are willing to do so - you should include one.
BIS
I am not an assessor, but if they were going to ignore that information they should have given an explanation as to why and they clearly didn't. I know plenty of people who are capable of eye contact but don't actually engage. You replied to their questions because if you hadn't you would not have received an award. Some of what you would have gone through at the time of assessment, would not even have been visible to the assessor. You might point out in your MR that it is difficult to understand why someone who has met you for an hour, can discount information from your consultant who confirms the difficulties. You are right to say there is no correlation between the PIP home assessment to a social situation where there will be numerous stimuli that will affect you, some of which could not be predicted. Emphasize there is no cure and that is has been confirmed your condition can to be improved.
If you have any family member/friend who has witnessed what you go through, and if they have not already submitted a corroborating letter and they are willing to do so - you should include one.
BIS
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5 years 1 week ago #247238 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Trying to find a Tribunal Ruling
Hi Ethan
I am not an assessor, but if they were going to ignore that information they should have given an explanation as to why and they clearly didn't. I know plenty of people who are capable of eye contact but don't actually engage. You replied to their questions because if you hadn't you would not have received an award. Some of what you would have gone through at the time of assessment, would not even have been visible to the assessor. You might point out in your MR that it is difficult to understand why someone who has met you for an hour, can discount information from your consultant who confirms the difficulties. You are right to say there is no correlation between the PIP home assessment to a social situation where there will be numerous stimuli that will affect you, some of which could not be predicted. Emphasize there is no cure and that is has been confirmed your condition can to be improved.
If you have any family member/friend who has witnessed what you go through, and if they have not already submitted a corroborating letter and they are willing to do so - you should include one.
BIS
I am not an assessor, but if they were going to ignore that information they should have given an explanation as to why and they clearly didn't. I know plenty of people who are capable of eye contact but don't actually engage. You replied to their questions because if you hadn't you would not have received an award. Some of what you would have gone through at the time of assessment, would not even have been visible to the assessor. You might point out in your MR that it is difficult to understand why someone who has met you for an hour, can discount information from your consultant who confirms the difficulties. You are right to say there is no correlation between the PIP home assessment to a social situation where there will be numerous stimuli that will affect you, some of which could not be predicted. Emphasize there is no cure and that is has been confirmed your condition can to be improved.
If you have any family member/friend who has witnessed what you go through, and if they have not already submitted a corroborating letter and they are willing to do so - you should include one.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- PDix
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5 years 1 week ago #247251 by PDix
Replied by PDix on topic Trying to find a Tribunal Ruling
PIPinfonet,
pipinfo.net/activities/engaging-with-other-people-face-to-face
gives some case law for the different sections in the PIP form. I hope that this helps.
pipinfo.net/activities/engaging-with-other-people-face-to-face
gives some case law for the different sections in the PIP form. I hope that this helps.
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