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PIP and Driving Licence
I have just had an appeal hearing adjourned to gain medical evidence used to reinstate my client’s driving license. He suffered brain damage in 2012 with one of the symptoms being epilepsy. However, this turned out to be temporary and after an assessment and driving test, my client’s license was reinstated with conditions.
My question is not about the process. It is about driving licenses in general. Often tribunals are using a claimant’s ability to drive, to disallow appeals. Has anyone got a reasonable argument against this practice and/or relevant case law? My client and I, will be very grateful If anybody can help. Thanks!
The claimant’s ability to drive and the extent to which they actually do drive can obviously have a bearing indirectly on PIP entitlement.
The key point is that the Tribunal needs to make proper findings of fact and conclusions which are rationally justified by the evidence.
If the claimant says they lack the concentration and focus to make a main meal but they race stock cars every Sunday, then that’s probably fatal to their argument.
If the claimant says that they need prompting to manage their household bills due to a learning disability and they drive 5 minutes to their parents every so often, then it is much more difficult to see the relevance.
In your case, given that driving seems to have become a significant issue, it may be helpful to explain what driving your client does (if any), any relevant points about that driving (e.g. if its an adapted car or whatever), and how if at all his ability to do this interacts with his case on PIP entitlement.
Edit: see also
https://www.rightsnet.org.uk/forums/viewthread/10229/
https://www.rightsnet.org.uk/forums/viewthread/13377/
The hearing ought to be with new panel members. I find panels will sometimes punt it down the road in order to avoid making a decision they’re uncomfortable with by adjourning for new evidence. Hopefully you can steer (no pun intended) the conversation away from peripheral things like driving at the next hearing.