Burden of proof

Hi all,

Saw this towards the end of a PIP submission from the DWP

“All parties to the tribunal will be aware as this is a new claim made by X the burden of proof lies with the appellant. It’s for the appellant to prove she is restricted as claimed, rather than DWP to disprove any claim.”

Case is a typical PIP refusal where claimants evidence in PIP2 and during medical assessment is sufficient to score enough points for PIP but HCP has concluded that this is not consistent with their medical assessment and recommended no points.

Any thoughts on whether to challenge the statement in my own submission?

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