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Upper tribunal ruling on safety and supervision
- AVMSurvivor
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5 years 10 months ago #236204 by AVMSurvivor
Upper tribunal ruling on safety and supervision was created by AVMSurvivor
Thank you for your guides which I have found most helpful.
I have a question regarding the Upper tribunal ruling on safety and supervision (CPIP/1599/2016).
The guide seems to state for example a person suffering epileptic seizures for which it takes a long time to recover, this is applicable to Mobility Activity 1 - Planning and following journeys - that a person should score 12 points.
It appears ATOS/DWP have accepted this argument in my case and awarded me 12 points for this activity.
What I am wondering is does this argument apply to other descriptors as well, as from what I can understand, the same logic/argument can be applied to all of the descriptors. However considering how difficult it is to make a successful PIP claim I have a feeling there must be some reason the DWP use to say this argument only applies to one descriptor.
I have a question regarding the Upper tribunal ruling on safety and supervision (CPIP/1599/2016).
The guide seems to state for example a person suffering epileptic seizures for which it takes a long time to recover, this is applicable to Mobility Activity 1 - Planning and following journeys - that a person should score 12 points.
It appears ATOS/DWP have accepted this argument in my case and awarded me 12 points for this activity.
What I am wondering is does this argument apply to other descriptors as well, as from what I can understand, the same logic/argument can be applied to all of the descriptors. However considering how difficult it is to make a successful PIP claim I have a feeling there must be some reason the DWP use to say this argument only applies to one descriptor.
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- BIS
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5 years 10 months ago #236214 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Upper tribunal ruling on safety and supervision
Hi AVMSurvivor
The Upper Tribunal did make it clear that the ruling on safety and supervision could apply to either care criteria or the mobility criteria.
assets.publishing.service.gov.uk/media/5..._2017__AACR_32ws.pdf
I am not aware that the DWP say that it only applies to one descriptor. I think many claimants do not show sufficiently that they are at risk the majority, or that they need supervision for the majority of the time to the satisfaction of the DWP or in some cases the first tier tribunal.
BIS
The Upper Tribunal did make it clear that the ruling on safety and supervision could apply to either care criteria or the mobility criteria.
assets.publishing.service.gov.uk/media/5..._2017__AACR_32ws.pdf
I am not aware that the DWP say that it only applies to one descriptor. I think many claimants do not show sufficiently that they are at risk the majority, or that they need supervision for the majority of the time to the satisfaction of the DWP or in some cases the first tier tribunal.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SLW, AVMSurvivor
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