Assessor provided with copies of ESA assessment and DLA GPFR and EMPFR - but not subsequent Appeal Decisions

Off to Tribunal tomorrow with client how has been refused PIP based on paper assessment. The Assessor was provided with ESA assessment ‘0pts’ from 2012.

We went to Tribunal (ESA) and they awarded total of 15pts for mobilising and standing/sitting. We didn’t proceed with appealing to get the 15pts on mobilising. In 2012 DLA was reviewed because the ESA assessment surfaced but not the tribunal decision. The DLA Tribunal accepted arguments on the fairness of not producing the ESA Tribunal decision.. DLA was stopped again in 2013 and reinstated again at Tribunal and again in 2014.

District judge issued direction to DWP requiring them to release all relevant information used to reach the most recent decision following the change from DLA to PIP.

Decision Maker went dark - we submitted copies of the ESA decision and DLA decisions - Decision Maker offers their opinion that the Decisions are not relevant to PIP and ESA and DLA are different benefits and have their own separate criteria to PIP (although they themselves submitted the ESA assessors report).

Half hoping that a PO shows up tomorrow if only to answer why if they are not relevant they issued to the ESA report in the first place, and have now submitted the EMP’ and GPFR but are still refusing to give any consideration to the Tribunal Decisions awarding HR mob in particular.

Looking to argue that either the DLA and ESA reports are not relevant and should be ignored altogether - in which case only available information for consideration is my clients own statements in the PIP claim pack, and consultants support letters - oh and the Assessors statement that ‘Any claimed degree of impairment arising from pain and discomfort - ARE LIKELY TO BE CONSISTANT WITH THE DIAGNOSED condition’. Or alternatively, that the Assessor and Decision Maker were unduly influenced by the ESA assessment and having not physically assessed my client failed in their inquisitorial role, and to give my client the opportunity to offer clarification on her limitations.

Got my wish, PO did attend, hearing lasted total of half hour - only contribution from PO was to ask if client could get to local co-op or Spar (Yes) Can you walk around your local Tesco’s then? (No - never go to the bigger shops now.).

No comment offered on why the three DLA and 1 ESA favourable appeal decisions were not relevant but the one ESA assessment, and EMP report were.

Client appeal allowed ER mob nothing on daily living (not disputed).