Employment and Support Allowance help PIP help and representation
Community Legal Representation CIC
Personal Independence Payment help ESA help and representation
Each month we will open a new discussion topic here. We will give a short anylisis of the issue and invite comments. Regretably, we must monitor comments and will delete the whole of any comment that has any part of it which is contrary to law or disrespectful to others views.
We will endevour to respond to any legal points or general questions raised; however, we are not obliged to do so and any comments we make are not legally binding.
If you need representation we will invite you to contact us directly, rather than trying to assist at arms length.
The Upper Tribunal has had to deal with a plethora of appeals asking whether certain things are ‘aids’ or not for the purposes of the Personal Independence Payment descriptors. Is a chair an aid if it is used to dress? Are slip on shoes an aid if the individual cannot bend to tie laces? Is the floor an aid if the individual has to lie down to dress?
The general consensus appears to be that if an aid is something that is ordinarily used, even if it is one of a nu...
Surprisingly, there is little to no legal authority for the proposition that dizziness and vertigo type symptoms affect the tests for PIP and ESA.
For example, the (physical) mobility test for ESA and PIP are somewhat the same in that they ask – How far can the Claimant mobilise without the aid of another person, but with any other aids the Claimant might reasonably be expected to use.
A Claimant suffering from severe vertigo may say they cannot mobilise due to the sp...