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New Engaging Face to Face Decision 1 month 2 weeks ago #264893

I’m doing an appeal for my husband who was awarded enhanced rate care and standard rate mobility last award, but this time was only awarded standard care.
I am wondering if I can put in the appeal about the Supreme Court decision, or do I write a separate letter to the DWP?
Thanks

New Engaging Face to Face Decision 1 month 2 weeks ago #264900

Hi Petlover

I'm not sure that I quite understand. Are you putting in for a Mandatory Reconsideration or an Appeal?

When you say about mentioning the Supreme Court ruling, are you trying to get your husband's case to be reviewed in light of that ruling? If so that would be separate from his current claim.

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

New Engaging Face to Face Decision 1 month 2 weeks ago #264925

Hi. I’m doing his appeal online, after receiving the MR with no change in decision.
The engaging with other people score was only 2, so I’m appealing against that. Do I put about the court ruling in the appeal, or do I not appeal that particular decision, but write a separate letter.
I’m assuming the DWP are not taking the ruling into consideration, as the MR was only decided on very recently.
Thanks for your help
Andrea

New Engaging Face to Face Decision 1 month 2 weeks ago #264938

Hi Petlover

There is no one way of doing an appeal, different advisers do it different ways.

I use the assessors report as my starting point for both MR and Appeals.

In my submission, I set out why the assumptions the assessor has made is/are wrong, I then go through each descriptor, I write down what the assessor has has awarded and then below it what I think should be awarded and why, for instance;
Preparing food
The assessor awarded 1a can prepare and cook a simple meal unaided 0 points

I believe I should have been awarded 1b Needs to use an aid or appliance to be able to either prepare or cook a simple meal 2 points. As stated in my consultants report dated xxxx I am unable to stand on my feet for more than a few minutes, I therefore have to use a stool to sit on whenever I try and prepare a meal .....

If I agree with the assessment then I write that I agree with the assessors assessment.

Remember the Tribunal are independant from the DWP, so you need to paint a picture in words how your condition affects you but remember you have to meet the descriptors, so take each descriptor in turn.

At the end I always write what the assessor has awarded for each component
Daily Living 0 points
Mobility 0 points
and I write what I believe should have been awarded.
Daily living 26 points
Mobility 10 points

At my last Tribunal the Tribunal awarded Daily Living 14 points and Mobility 10 points

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

New Engaging Face to Face Decision 1 month 2 weeks ago #264951

Thanks for your answer Gary. I don’t think I’m explaining my query very well.
I have seen on your guide that there was recently a Supreme Court judgement about engaging face to face, and that an experienced family member should be counted the same as, for example, a CPN, with regards to giving support for face to face social interactions.
I understand that the DWP is looking back at cases where an extra 2 points would take an award from standard to enhanced.
While this is applicable in my husband’s case, and indeed would have taken his award from standard to enhanced had he been awarded the 4 points, he was only given 2.
I am doing an appeal at present, and am wondering if I quote this ruling while objecting to the two points, or do I not appeal this particular descriptor, and write a separate letter asking for the supreme ruling to be considered?
Thanks,
Andrea

New Engaging Face to Face Decision 1 month 2 weeks ago #264955

Hello Petlover,

As Gary said there is no right way to do an appeal submission, but if you want to draw the tribunal's attention to a particular decision then do so!

I would caution that you are drawing their attendion to the entire decision, not just a paragraph which you might quote, so make sure that you read the entire decision to ensure that you are quoting in context etc.

But to be clear, if you are the tribunal to particularly consider the face to face descriptor, the appeal submission is the right place to quote the supreme court decision.

Hope that helps,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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