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pip moving around descriptor
- DRAGON2009
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6 years 5 months ago #200454 by DRAGON2009
pip moving around descriptor was created by DRAGON2009
I am a bit foggy about the current position concerning points for overwhelming psychological distress . As I recall there was a case that essentially backed that panic can justify points (8 points) but then the DWP changed the statutory instrument.
I am in the process of appealing a decision for a claim that began in March and was decided in May
Would it be the case that a tribunal could feasibly apply yhe reasoning of the Upper |Tribunal to a claim made prior to the statutory instrumen amendment t or would it have to have been 'decided' before that change ?
I hadnt put this in my appeal grounds because I am only prepared to try if it is credible point.
I wonder whether Gordan/ other forum members have experience or feedback about this subject ?
I am in the process of appealing a decision for a claim that began in March and was decided in May
Would it be the case that a tribunal could feasibly apply yhe reasoning of the Upper |Tribunal to a claim made prior to the statutory instrumen amendment t or would it have to have been 'decided' before that change ?
I hadnt put this in my appeal grounds because I am only prepared to try if it is credible point.
I wonder whether Gordan/ other forum members have experience or feedback about this subject ?
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- Gordon
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6 years 5 months ago - 6 years 5 months ago #200462 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip moving around descriptor
XFACTOR
There is at least one UTT Decision that confirms that Decisions made before 16 March, when the changed Descriptors came into force should be based on the old Descriptors and the UTT Decision on anxiety.
However, there is no additional guidance on Decisions made on or after the 16th but were initiated before then, the best I have seen is that two Decision could be made, one prior to the 16th and one running from the 16th onward, but this really only can apply where the claimant was originally in receipt of PIP.
If I remember rightly you were being moved from DLA to PIP and therefore your PIP claim does not exist before the day the Decision was made, so I can't see how anything but the new Descriptors can apply.
Gordon
There is at least one UTT Decision that confirms that Decisions made before 16 March, when the changed Descriptors came into force should be based on the old Descriptors and the UTT Decision on anxiety.
However, there is no additional guidance on Decisions made on or after the 16th but were initiated before then, the best I have seen is that two Decision could be made, one prior to the 16th and one running from the 16th onward, but this really only can apply where the claimant was originally in receipt of PIP.
If I remember rightly you were being moved from DLA to PIP and therefore your PIP claim does not exist before the day the Decision was made, so I can't see how anything but the new Descriptors can apply.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 5 months ago by Gordon.
The following user(s) said Thank You: DRAGON2009
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