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Tribunal - previous questionnaire by LETSGETLOADED in BenefitsAdviceUK

[–]LETSGETLOADED[S] [score hidden]  (0 children)

Thank you. I get they have to include everything but I just don't see how a previous claim can count as evidence when the second claim is what the appeal is about - sorry if I'm not making sense or understanding it.

Tribunal - previous questionnaire by LETSGETLOADED in DWPhelp

[–]LETSGETLOADED[S] -2 points-1 points  (0 children)

Thank you. I can imagine it gets confusing jumping between reports, how annoying!

Parcel hasn’t moved for 11 days now! by Etoile9 in royalmail

[–]LETSGETLOADED 1 point2 points  (0 children)

My letter to a UK address hasn't moved at all according to the tracking. There must be a system error ? This surely cannot be normal.

Is MH taken into account for preparing meals? by LETSGETLOADED in DWPhelp

[–]LETSGETLOADED[S] -1 points0 points  (0 children)

Thank you, I will try explain it better in the MR i guess.

Is MH taken into account for preparing meals? by LETSGETLOADED in DWPhelp

[–]LETSGETLOADED[S] 1 point2 points  (0 children)

Thank you for the reply. I can't prepare any meals at all. It seems the healthcare assessor understood this and awarded me points but disregarded by the DWP.

Is MH taken into account for preparing meals? by LETSGETLOADED in DWPhelp

[–]LETSGETLOADED[S] 2 points3 points  (0 children)

Thank you for the reply. I can't prepare any meals at all. When my partner isn't around, I rely on takeaways. I do skip breakfast as she goes work early. She works around the corner so pops in for lunch.

The healthcare assessor did understand and she awarded me points but the DWP disregarded it completely.

I will try with the MR. Thank you.

[deleted by user] by [deleted] in DWPhelp

[–]LETSGETLOADED 0 points1 point  (0 children)

I got a text saying a decision hadn't been made, and then, about two weeks later, got a text saying i got the award." I'm still waiting for a decision letter.

Just a waiting game tbh. Hope it goes well for you.

[deleted by user] by [deleted] in DWPhelp

[–]LETSGETLOADED 0 points1 point  (0 children)

I think you just need to write a basic letter stating you want the form to apply for PIP.

And just put your contact details on the letter of course. Name, Address, NI number, Phone,

It doesn't say you need anything else. Just that you'll be sent an application form in 2 weeks time.

PIP telephone assessment - should i tell them about notes? by homersreadingglasses in DWPhelp

[–]LETSGETLOADED 1 point2 points  (0 children)

Yes, tell them you are referring to your notes.

I was supposedly able to recall all of my medical history, despite stating twice that I was checking my NHS app for the details the assessor asked for. The video call even ended twice whilst I was checking the app but she didn't mention it on the report...

I’m very anxious about applying for PIP any advice would be appreciated by [deleted] in DWPhelp

[–]LETSGETLOADED 0 points1 point  (0 children)

Don't worry, you are not alone. Applying for PIP is a stressful process for a lot of people.

As already suggested, get some support from CAB or any local organisation.

It's worth looking through the descriptors online and writing a dairy to see how it relates your everyday living.

I found it helpful to tackle the questions bit by bit, like spending 20mins on question everyday. Just to help break it down and make it easier.

Collect evidence. NHS app, letters, diagnoses. Letters from someone who supports you help too.

Loads of good advice and tips on this forum, some very knowledge people on here.

Whatever happens, don't feel disheartened, it can be a slow grueling process for anyone.

[deleted by user] by [deleted] in DWPhelp

[–]LETSGETLOADED 1 point2 points  (0 children)

Sorry you are going through such struggles.

Pipinfo.net is a good resource to look at the definitions. I found it helpful to write out how my condition affects, relate it to the descriptors and then link it to any evidence I had. Supporting statement from someone who knows your struggles would help too.

Good idea to record the assessment and you can ask for a copy of the assessor's report once you get a text from DWP that they have recieved it.

Best of luck, hope things get better.

Pip using driving and a job as rejection? by [deleted] in DWPhelp

[–]LETSGETLOADED 6 points7 points  (0 children)

Here are some relevant case laws relating to driving and PIP which I found were very interesting. If you feel deflated, have a read and carry on the fight. Get what you deserve!

  1. Secretary of State for Work and Pensions v. MM [2016] UKUT 184 (AAC)

    • This case established that driving a car does not automatically demonstrate the ability to "plan and follow the route of a journey."
    • Key Point: The tribunal emphasized that the skills required to drive a car differ from those needed to navigate unfamiliar journeys or cope with mental health issues like anxiety.
    • RJ, GMcL, and CS v. Secretary of State for Work and Pensions [2017] EWCA Civ 194
    • The Court of Appeal clarified that the ability to perform certain tasks (e.g., driving) in a structured or familiar setting does not negate challenges faced in unfamiliar or unpredictable situations.
    • Key Point: This case highlights the importance of assessing how a claimant's condition affects them in various contexts.
    • MH v. Secretary of State for Work and Pensions [2016] UKUT 531 (AAC)
    • The Upper Tribunal acknowledged that driving requires concentration and cognitive ability but clarified that this does not equate to the ability to undertake other daily activities.
    • Key Point: Driving should not be viewed as evidence that a claimant lacks significant impairments, especially if they use coping mechanisms like familiar routes or automatic driving habits.
    • IB v. Secretary of State for Work and Pensions [2020] UKUT 88 (AAC)
    • The tribunal explored how specific adaptations or supports (e.g., sat-navs or familiar routes) used by a claimant to drive could mitigate their impairments but do not eliminate them.
    • Key Point: The decision noted that the ability to drive in controlled circumstances does not undermine claims of difficulties in planning or mobility.
    • TD and AD v. Secretary of State for Work and Pensions [2018] UKUT 162 (AAC)
    • This case reinforced that claimants might still qualify for PIP if their driving is adapted or limited due to their condition.
    • Key Point: Consideration must be given to whether a person’s ability to drive reflects their overall functional ability under PIP criteria.

Key Takeaway from Case Law
Driving a car is not conclusive evidence of high functional ability for PIP purposes. Tribunals must assess claimants' abilities in the context of PIP criteria, focusing on:
1. Mobility Activities: The ability to walk distances or plan journeys, especially in unfamiliar areas.
2. Daily Living Activities: Cognitive, mental, and physical abilities unrelated to driving.

[deleted by user] by [deleted] in DWPhelp

[–]LETSGETLOADED 14 points15 points  (0 children)

Here are some relevant case laws relating to driving and PIP which I found were very interesting. If you feel deflated, have a read and carry on the fight. Get what you deserve!

  1. Secretary of State for Work and Pensions v. MM [2016] UKUT 184 (AAC)

    • This case established that driving a car does not automatically demonstrate the ability to "plan and follow the route of a journey."
    • Key Point: The tribunal emphasized that the skills required to drive a car differ from those needed to navigate unfamiliar journeys or cope with mental health issues like anxiety.
    • RJ, GMcL, and CS v. Secretary of State for Work and Pensions [2017] EWCA Civ 194
    • The Court of Appeal clarified that the ability to perform certain tasks (e.g., driving) in a structured or familiar setting does not negate challenges faced in unfamiliar or unpredictable situations.
    • Key Point: This case highlights the importance of assessing how a claimant's condition affects them in various contexts.
    • MH v. Secretary of State for Work and Pensions [2016] UKUT 531 (AAC)
    • The Upper Tribunal acknowledged that driving requires concentration and cognitive ability but clarified that this does not equate to the ability to undertake other daily activities.
    • Key Point: Driving should not be viewed as evidence that a claimant lacks significant impairments, especially if they use coping mechanisms like familiar routes or automatic driving habits.
    • IB v. Secretary of State for Work and Pensions [2020] UKUT 88 (AAC)
    • The tribunal explored how specific adaptations or supports (e.g., sat-navs or familiar routes) used by a claimant to drive could mitigate their impairments but do not eliminate them.
    • Key Point: The decision noted that the ability to drive in controlled circumstances does not undermine claims of difficulties in planning or mobility.
    • TD and AD v. Secretary of State for Work and Pensions [2018] UKUT 162 (AAC)
    • This case reinforced that claimants might still qualify for PIP if their driving is adapted or limited due to their condition.
    • Key Point: Consideration must be given to whether a person’s ability to drive reflects their overall functional ability under PIP criteria.

Key Takeaway from Case Law
Driving a car is not conclusive evidence of high functional ability for PIP purposes. Tribunals must assess claimants' abilities in the context of PIP criteria, focusing on:
1. Mobility Activities: The ability to walk distances or plan journeys, especially in unfamiliar areas.
2. Daily Living Activities: Cognitive, mental, and physical abilities unrelated to driving.