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Question about daily living activity No. 9 Engaging with other people face to face

rbz

I have a hearing loss and my hearing level doesn't allow me to engage with other people. But I can't get points on this activity.
I believe that DWP was unlawful discriminate me because it treated for people with mental health problems more favourably than people with physical health problems.
I lost my previuos PIP Tribunal and at this moment preparing for Upper Tribunal. So I'm planning to argue that Daily living activity No.9 discriminates my health condition.

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Comments

rbz

@ilovecats
Thank you for answer, but I believe that activity 9 discriminate some type of disabilities. This very similar like activity 11 (High Court decision [2017] EWHC 3375 (Admin)).

rbz

@ilovecats
I my case problems with activity 9 mainly caused by hearing loss and just little caused by psychological problems.
Seems activity 9 discriminate some disabled people even they have difficulty with activity 9.

poppy123456

You can only appeal the Tribunal decision on error of law.

rbz

@poppy123456
I believe that Activity 9 unlawful discriminate some type of disabilities and must be updated by High Court like was with Activity 11.
I think DWP can't design specific questions where some disabled people can't be awarded points even they have difficulty with activity.
I planning pass my case to Upper Tribunal and ask treat Activity 9 same like Activity 11, because of Unlawful discrimination.

poppy123456

That doesn't mean there was an error in law made. You can't just appeal the decision because you think it was wrong. Are you getting some help and advice with this?

It's not about what decision the DWP made now because that's in the past. It's to do with HMCTS. You need to forget about what decision DWP made.

rbz

@poppy123456
First Tier Tribunal also not awarded any points for Activity 9 and already 14 weeks awaiting for Statement of Reasons.
Our local CAB advisor can't help me.
They failed prepare me for First Tribunal, and I lost, because of bad represented case.

cristobal

rbz said:

@poppy123456
I believe that Activity 9 unlawful discriminate some type of disabilities and must be updated by High Court like was with Activity 11. I think DWP can't design specific questions where some disabled people can't be awarded points even they have difficulty with activity.

@rbz - it might be best to seek professional legal advice on this as you seem to arguing two things at the same time...

I don't believe that you can challenge the tribunal's decision based on a supposition that the questions on the DWP form are discriminatory - there will be a separate procedure for discriminations claims and I don't believe that you're saying that the panel discriminated...

It does sound from your later post that the reason why you weren't successful was poor advice. I'm not sure how this is dealt with but it won't be a matter for an upper tier tribunal - maybe a complaint against CAB??

See a specialist solicitor if there's one local ...

Good luck...

rbz

@cristobal
Did you know Activity 11 and High Court decision [2017] EWHC 3375 (Admin) ?
Upper Tribunal = High Court? Or there was First Tier Tribunal -> Upper Tribunal -> High Court? Main
PIP problem is that decision based not on actual claimant health conditions, but how claimant can explain problems.

cristobal

@rbz - I'm not familiar with this sorry...

I still think that you need specialist legal advice.I'd be surprised if you can appeal based on either - the DWP's form is discriminatory, or you got bad advice - but a solicitor will advise you...

Please post what happens - I'd be interested to know what they say...

rbz

@cristobal
I try find something who can help me.
But I believe if person have difficulty to engaging with another person - everyone must be awarded points ( no matter there physical or psychological disability).

poppy123456

I think you're totally misunderstanding the descriptor. You're also thinking that you can appeal a Tribunal decision based on the wrong decision being made but you can't. Poor advise and poor representation will not allow you to appeal the decision.

Once you receive the SOR then you'll need to find someone to take a look to see if an error in law was made. If that's not found then you won't be able to take this decision any further.

rbz

@poppy123456
I believe that descriptor for Activity 9 - designed for specific disability group. So there not fair if DWP excluded some sickness from this descriptor.
By this reason I looking way to overturn current descriptor.
I mean if High Court changed Activity 11, so based on same grounds (discrimination) - High Court also can change Activity 9.
Regarding pass my case to Upper Tribunal you multiple times pointed "errors in law".
Some people become confused by therm "errors in law", in real life there I can go to Upper Tribunal even I found things which Tribunal Panel members not take into account during Tribunal hearing.
For example I not awarded any points for washing and bathe.
I know that Tribunal panel members not take into account safety issues during this activity, because I can't hear smoke alarms during activity and etc.
I'm awaiting for Statement of Reasons to see why I not awarded points for washing and bathe. Even I can't do this activity safe.
Also I think Government must scrap PIP.
Maybe DLA not worked very well, but at this moment Government spend much more money (especially for private companies like Capita, Tribunals and etc).