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PIP/DLA case law for claimant stating that they have no health conditions when in fact they do

csmk
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Macmillan Benefits Advice Service/Citizens Advice Dudley Borough

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Hi all,

I have a vague memory that there has been a case in either PIP or DLA a while ago where the appellant said they didn’t have any difficulties with care/daily living, when it was quite clear that they did and a subsequent Upper Tribunal upheld an appeal on the basis that the FtT didn’t look at further evidence that would confirm they in fact did have difficulties. I think this was due to a lack of awareness of their health due to mental health or a learning disability.

Tried to search for a long time for this mythical case but I’m not getting anywhere - would anyone know if a case like this exists at all and post a link to it please?

Elliot Kent
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Shelter

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This probably isn’t the one you are thinking of it but I always like to cite it as it’s a colleague’s case and it succinctly makes a number of helpful points.

CS v SSWP (ESA)[2018] UKUT 106 (AAC) - para 10

Depending, of course, on the level of difficulty, the possibility must always be considered in those with learning difficulties that they lack insight into their own condition and abilities to the extent that they may give an apparently persuasive account of their activities which is at odds with their actual ability, or misinforms the casual listener as to the level of sophistication of behaviour. Tribunals should not be casual listeners. They need to be active listeners, and should probe the account put forward, where possible through hearing evidence from someone close to the appellant who knows the level at which they function.

https://assets.publishing.service.gov.uk/media/5ad06558ed915d32a65dba4c/CE_3347_2017-00.pdf

ResSusLBH
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Resident Sustainment Team - London Borough of Hackney

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CA/1481/03?

csmk
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Macmillan Benefits Advice Service/Citizens Advice Dudley Borough

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Excellent, thank you both these are really helpful!

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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“Lack of insight” is the key. Several decisions on that over the years as cited above.