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Pip Case Law

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  • IHaveEpilepsy81
    IHaveEpilepsy81 Community member Posts: 31 Connected
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    cristobal said:
    @IHaveEpilepsy81 - you're nearly there....

    'Risk' is only half of it...you have to look at 'hazard' as well, which you've just done without realising it!

    That's why you wouldn't eat without supervision because, as you say, you could have a fatal choking incident. What you've done is realised that there is a 'risk' but, even though it might be quite low, the 'hazard' is potentially catastrophic (which is why you don't do it) 

    If you google "health and safety hazard" there are lots of better explanations than mine....

    That's me done on this but I really hope that everything turns out well for you....
    Thank you @cristobal it’s really hard to understand and word right what you want to say but your help has been amazing and it’s very knowledgeable information.  When my outcome is complete I shall comment on here good or bad.
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  • IHaveEpilepsy81
    IHaveEpilepsy81 Community member Posts: 31 Connected
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    Hi guys

    I had my tribunal this afternoon and I won.  I scored enhanced enhanced and the judge was very clear regarding case law and risk.  DWP even didn’t turn up.  Good luck to all of you going through similar situations!!
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  • April2018mom
    April2018mom Posts: 2,882 Disability Gamechanger
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    IHaveEpilepsy81 said:
    Hi guys

    I had my tribunal this afternoon and I won.  I scored enhanced enhanced and the judge was very clear regarding case law and risk.  DWP even didn’t turn up.  Good luck to all of you going through similar situations!!
    Congratulations! That is good news @I@IHaveEpilepsy81
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  • david235
    david235 Community member Posts: 170 Pioneering
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    ilovecats said:
    I know very little about case law. I don’t generally read links when they are posted because the decisions have been made about one case and I think about the thousands of other cases that assessors handle. Unless DWP change the criteria off the back off a case then it does not inform at assessment stage.
    The Upper Tribunal and court cases that are published ("reported" in legal jargon) are those which make legal rulings felt to be of wider import.

    Case law established in the Upper Tribunal and the courts automatically binds DWP and the First-tier Tribunal. It is entirely possible to put forward arguments based on case law at application stage. DWP's internal guidance (known as Advice for decision making, which is available online) is regularly updated based on evolving case law and ADM memos are issued to update decision makers following certain particularly important decisions (such as memo ADM 24/18).
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