A recent decision HB v SSWP (PIP) [2016] UKUT 0160 (AAC) is helpful to deaf people and possibly other PIP claimants.
The wider issue for our deaf clients has been many ATOS assessors applying some points for activity 7 but then refusing to award a score for activity 9. They justify this by commenting (for example): “Deafness / communication issues have already been dealt with under activity 7”. In other words, awarding points under activity 9 as well as 7 would be a duplication.
Decision Makers’ well-known “just rubber stamp it” approach to ATOS reports has meant several clients being refused at claim and revision stage.
In this decision, it is important for our clients that Judge Rowley found: “There is nothing in the legislation to suggest that an individual who is having difficulty when in conversation with others, and who is simultaneously “communicating verbally” and “engaging with others face to face”, is unable to score under both activity 7 and activity 9. In each case the decision maker or tribunal will have to investigate the nature and occurrences of the difficulties in order to establish the difference.”
The judge also confirmed that there is no limit to the type of impairment which limits a person’s ability to engage with other people face to face.
I don’t think the decision is officially up on the website yet but I’ve redacted personal details from the copy I’ve attached here in case it’s of use to others.
Paul
