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Thread: PIP Mandatory Reconsideration. Do I make my own points suggestions or not?

  1. #41
    Really? So that means if there is a precedent that strengthens my case I have to rely on the Judge being aware of it? As decisions that can establish a precedent must be made fairly often would the Judge necessarily be aware of them all?

  2. #42
    Senior Member nukecad's Avatar
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    The point is that while judges may expect your representative (if you have one) to bring up previous case law, they don't expect you as a benefit claimant to be legally qualified to read and understand it.

    Fair enough benefit tribunals are fairly relaxed and you could probably get away with it, but if you get a narky judge (who thinks you are trying to tell him his job) then it could backfire on you.

    By all means be aware of previous case law if there is any that is relevant.
    If the judge doesn't know it, or ignores it, then that would be grounds to appeal to the Upper Tribunal if necessary.

    Also remember that previous FTT rulings are not relevant, the FTT cannot make case law only the UTT or higher can do that.
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  3. #43
    Quote Originally Posted by nukecad View Post

    Also remember that previous FTT rulings are not relevant, the FTT cannot make case law only the UTT or higher can do that.
    That's a very useful reminder. Thanks

  4. #44
    Well, that's the reconsideration in and received by DWP - kept a screenshot of the 'signed for' from Royal Mail track and trace just in case. Things have moved pretty fast - by DWP standards - so far. Received application form May 7th, sent it back 24th, received by DWP 29th (sent on a Friday over a bank holiday weekend which explains the five day difference), received ATOS letter June 5th (dated May 30th) for assessment June 12th. DWP received that June 14th. Received DWP refusal July 4th (dated June 26th). DLA ends next week - Jul 23rd.

    From DWP receiving my application to refusing it was less than a month - May 29th - June 26th. Two weeks after assessment and they said decisions took six weeks on average.

    So now I expect it all to come to a shuddering halt until October then another rejection and who knows how long until appeal is heard. They're saying an average of ten weeks for a decision which takes it till late September. But I don't expect them to be as prompt with this now they're no longer paying DLA.

    Time to try and stop thinking about it for a bit. if I can. Thanks for all advice received.

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