I have a client with mental health problems (diagnosed anxiety) who was recently awarded 0 points for daily living and mobility at a telephone PIP appeal hearing. Having looked through the client’s appeal papers, she has provided good evidence of her health problems albeit limited supporting medical evidence other than a list of her health problems from the GP. The statement of reasons outlines how the client’s response to questions at the hearing confirmed that she had all her previously stated problems, so there was both verbal and her own written evidence highlighting these facts. However, the decision not to award seems solely based on the healthcare assessment’s report (which was inaccurate anyway).
I am aware of caselaw regarding the weighing of evidence between the Healthcare Assessment and a client’s own GP, however, I wondered if there was any caselaw which supports a client’s evidence (written and verbal) against the Healthcare Assessment?
Any advice or suggestions would be much appreciated.