PIP Appeal - Directions Notice

Hi Red,
PIP awards are based on disability rather on labels. Therefore whether you have a heart condition, back ache or autism and eg need help with cooking you should all get points. Some people are unwell or struggle with certain activities and have not had a formal diagnosis. Does it mean they now can't cook or wash themselves any worse or better since their diagnosis? Of course not! However DWP like labels, it's as if you can't be properly disabled without a label, or without a diagnosis.
I think you are referring to s12(8)b Social Security Act 1998. This is a rather weirdly worded section, that basically says a decision maker can only take into account facts pertaining at the time of the decision. (Here would refer to the first decision on the renewal claim.) Basically this means if you suddenly get a new illness after you have appealed it can't legally be taken into account. (In this example you would get PIP and then ask for a higher award later, based on the additional problems from the new illness.) However, DWP seem to think you actually do have a new illness, after all you have a diagnosis now! But knowing how long it takes to get a GP appointment and then a specialist appointment, I am certain that even if this was a really new illness then the symptoms would have been in existence for several months. Moreover, the conditions you mention include autism and ADHD. My knowledge of these conditions are that they tend to exist from birth. I suspect you may have always wondered why some activities have always been difficult, and finally the doctor confirms these problems, and gives it a name, or a label. DWP just see the diagnostic label, and don't look behind it or even consider how it may have come about.
This scenario does not fall with s12(8)b. A new diagnostic report of an old health problem doesn't comprise a new illness. The diagnosis merely explains what has been going on for a long time. Therefore there is no need to reapply or start again. All the new medical reports should be admissible.
Don't worry about the existence if the Directions Notice. They are used fir case management, to ensure parties have sent in the correct documents or observed time limits etc. There us clearly a lot of paperwork to go through and no doubt the tribunal office felt a slightly longer hearing woukd be appropriate. Thus may also have arranged to facilitate sufficient time to allow breaks etc which may help you be properly involved in the hearing.
I'm guessing that the large amount of paperwork is previous PIP papers for you Maybe original claim and decision etc. This would normally be required by the Tribunal. (If DWP hadnt previously supplied these, this could be another reason for the Directions Notice.)
Whilst I appreciate you may struggle to read all the papers, try at least to go through and work out what everything is. So, you know there are eg 40 pages of original claim, 12 pages of decision notices, etc etc.
I have been advising clients where I work where DWP have completely ignored previous tribunal hearings, and these are not even mentioned in the papers. So check! In these cases, (yes, sadly more than one!) DWP said they had made the same decision, because nothing had changed. Therefore no explanation was required why the benefit award had been reduced! DWP should however have addressed the reduction in benefit.
Since your previous tribunal award have your disabilities become worse or otherwise changed? If so, then there is even less reason for DWP to reduce your award!
You can choose to attend the hearing, and I woukd certainly recommend you do this. An oral hearing has been set up, and again this may have been done so you can give evidence. I appreciate that it may be difficult, and 2 hrs sounds very daunting. (Remember that is only a time slot, not necessarily the actual hearing length and may well also include decision making time.)
You haven't said what sort of hearing this is. If this a phone or video hearing, you can be comfortable at home, so is much easier than having to go to a court house etc. You are allowed to have a friend, relative or representative with you. A friend could be your representative and shoukd be able to answer questions on your behalf. I suggest that you attend the hearing. Explain to the tribunal you have difficulties and nah not reach the end if it becomes too difficult. Your friend can continue with the hearing, even if you can't.
Many tribunals are won simply because the panel can see and/or hear the claimant and that creates much more impressions than reading a great wadge of papers!
However, you can help the tribunal to understand your difficulties. Write a statement about your diagnosis, how it came about, and particularly why it was so late in life. (Was there a recent incident that led to this perhaps, had you always realised you had autism but never had an opportunity for an assessment etc.) Confirm that the diagnosis reflects a long standing condition and hence does not infringe s12(8)b.
Explain your previous DLA and PIP including award notices and Tribunal decision notices if possible, and certainly if DWP hasn't. Refer to the notices. Tell the new Tribunal what happened, whether disabilities have worsened/when/how etc. Explain why you might have difficulties at a hearing.
Then if you haven't done so at MR

Then you might want to criticise the DWP assessment if not done at MR. Don’t criticise everything. Pick the most important points and use them as bullet points.
Eg
•Assessor overtalked and didn't listen to my answers, or let me finish when I was struggling to answer
•assessor repeatedly uses cut and paste which makes incorrrct assumptions
• assessor says I don't take medicine so my condition isn't serious -but according to my GP there is no suitable medicine
Etc etc
You might then want to go through each descriptor and say why DWP score is wrong and what should have been scored.(Maybe explain previous points from Tribunal.)
Friend/relative can make a statement telling how you struggle with PIP activities and what help ir support is given or needed. You may want to have another look at the Members guides for further guidance about the descriptors.
Try not to worry
Let us know how you get on.
If you need further help let us know we will endeavour to help. If you do not understand anything at the hearing say so and the Tribunal should explain.
Good luck.
I hope this helps.
LL26