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TOPIC: Planning and following journeys/ tribunial appeal

Planning and following journeys/ tribunial appeal 6 months 1 week ago #226041

Has anyone used the Judge Agnew challenge to the DWP at an appeal regarding the criteria required to score points for this activity? Obviously the Judge Jacobs decision would also have to be considered as this is the preferred DWP submission when appealing? At the end of the day the judge at the tribunal would have the final say but a strong submission for appeal from the appellant and their representative would go some way to help secure a positive outcome.
Thanks

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Planning and following journeys/ tribunial appeal 6 months 1 week ago #226070

fastmoggy

The Judge Agnew Decision has been superseded by a three-Judge Decision in late 2017.

What are you trying to argue?

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

Planning and following journeys/ tribunial appeal 6 months 1 week ago #226099

OH, where can I see this decision? It would be very helpful.
My argument was that the DWP will say that planning and following a journey is aimed more at claimants with a visual impairment rather than someone who is still unable to do this without the assistance of another 'person' due physical and overwhelming psychological distress and physical disabilities which cause such an activity impossible but has full cognitive abilities if that makes sense ?. The cognitive abilities on the PA4 report were based on 'could she follow a route' regardless of her conditions.
This activity descriptor to me seems very contradictory as both descriptor D; and F; clearly state 'without another person' regardless of whether the claimant is visually impaired or not although the language used would suggest the former!

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Planning and following journeys/ tribunial appeal 6 months 1 week ago #226108

fastmoggy

What are you reading, the current rulings for the Going Out activity are covered in the current version of the PIP Claim guide.

Be aware, physical conditions that are not related to sensory or cognitive problems will not be considered.

I think you are misreading the Descriptors, there is no punctuation between "Cannot follow the route of a x journey" and "without another person", so it is including another person not removing them.

Gordon
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Planning and following journeys/ tribunial appeal 6 months 1 week ago #226116

Okay, I understand what your saying!
is there anywhere I can see the superseded decision 2017 of judge agnews decision from 2015? a comparison of the 2 might be useful for an argument against the decision makers decision in point of law.
At the end of the day it's up to me to explore every anvenue of creditable evidence i can bring to the tribunial.
Again thankyou for your support and advise.

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Planning and following journeys/ tribunial appeal 6 months 1 week ago #226144

fastmoggy

The Decision is on the following

www.gov.uk/administrative-appeals-tribun...p-2016-ukut-0531-aac

Three-Judge UTT Decisions are binding on the DWP and FTTs

Gordon
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