Based on the Balance of Probability, he can......

Hello Zadie,

The majority of the PIP claims I help people with in my offline life are linked to Mental Health and it is amazing the lack of understanding that the HCP’s have this of this common condition. Unfortunately I can’t bring to mind any useful case law, although do have a look at PIPinfo.net and something may jump out at you.

I generally take reports like that step by step, sometimes writing a veritable tone in my MR submissions. Take each point and say either why it is wrong or the extrapolation which has been made is either incorrect, unreasonable or illogical. For example ‘the PA4 correctly states that C studied a catering course at college. However, what is not recorded are the facts that the college was a specialised college for people with additional educational needs. C was not allowed to work in the kitchen without close supervision at all times, including support from his mental health mentors. No calculations were involved, and his measurements and timings were always monitored by a supervisor. Although the course helped C to gain confidence in working in a kitchen it did not lead to any recognised catering qualification and it did not give C ability to work safely in a kitchen’.

Sometimes plain old common sense can be as good as case law!

Picking up on his dyscalculia I would expect him to score points in the budgeting activity. You might find [2021] UKUT 0001 (AAC) of help with that one.

I wish you success
Catherine

Hi zadie

Yes I come across that saying quite often ' Based on the balance of probabilities' it must be part of their training pack. As Catherine has stated take the comment step by step to show how it is incorrect.

Gary