Decision Maker acknowledging problems but leaving it to the tribunal.

I have just come across the following paragraph in an appeal submission in relation to disputed activities:

‘The Appeal writer would be willing to accept that *****  may require some prompting with some of these activities, however as *****  is looking for an award of the Enhanced Rate of the Daily Living Component and an award of the Standard Rate of the Mobility Component an Appeal hearing is the best course of action.’

This client was already awarded 7 points for Daily Living and 4 for mobility prior to the MR request.

I would have thought that it would be down to the Decision Maker to put down the points that they felt were applicable in the submission and not just abdicate responsibility to a tribunal.

Any thoughts?

I don’t think you can hang them for it.

‘May’ & ‘some’ are not words that are unequivocal nor unambiguous and therefore it still leaves the question of application to the relevant descriptors using the formula.