Department for Work and Pensions (“DWP”) lost First-tier Tribunal (SEC) appeal (of decision not to pay Personal Independence Payment (“PIP”))

Birkenhead County Court entrance 5th October 2018 which was the venue for the First-tier Tribunal hearing (Social Entitlement Chamber)

Birkenhead County Court entrance which was the venue for the First-tier Tribunal hearing (Social Entitlement Chamber)

By John Brace – Appellant

First publication date: Thursday 7th April 2022, 12:01 (BST).

Previous reports on the prior hearings (both of which were adjourned) in this same appeal held on 14th December 2021 and 28th February 2020 at the same venue can be read at either of these links (which will open a new page).

Appellant: Mr John Brace (unrepresented)
Respondent: Secretary of State for Work and Pensions (“DWP”) represented by Miss Green (Presenting Officer)
Case number: SC062/19/01113
Location: 76 Hamilton St, Birkenhead CH41 5EN (ground floor)
Mode of hearing: Hybrid (face to face/phone)
Date and time of hearing: Tuesday 15th March 2022, 10.00 am
Type: First-tier Tribunal (Social Entitlement Chamber)
First-tier Tribunal Judge: Judge Jenny Frances Lester-Ashworth
First-tier Tribunal Medical Member: Dr Simon Jerome Lundy
First-tier Tribunal Disability Member: Mrs M Walton

As I waited in the waiting area in the corridor before the hearing started, it was shortly after 9.40 am (just over two months) since Leonora had died and I felt upset. Leonora had represented me from the start of the appeal in November 2019 and during the previous two face to face hearings in 2021 and 2020) it was strange to be at this final hearing without her. This was an appeal of a mandatory reconsideration decision not to award PIP made by Jo Brown dated 24th October 2019.
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Do you want to know what 6 redacted legal invoices paid by Wirral Council on employment matters (including one from a consultant psychiatrist) state?

Continuing from Do you want to know what 10 redacted legal invoices (6 on employment matters) paid by Wirral Council state? are a further 6 legal invoices relating to HR matters at Wirral Council.

The first is to a Dr Gareth Vincenti (consultant psychiatrist) for a 2 hour medico-legal interview and assessment on 24th July 2013, charge for MMCI-III (10th September 2013), scrutiny of medical notes and other documentation as supplied (4 hours) and preparation of report (3 hours). This comes to £2,550 + VAT (total £3,060).

I’ve supplied both the original and a partly unredacted copy of this as the original is heavily redacted. My additions are in green.

The next five are all from Eversheds and range from Employment Tribunal claims, counsel fees, advice on governance and employment issues, strategic advice, employment and governance advice (appeals). The amounts of these are £1,408.03, £14,336.40, £4,098.00, £1,549.80 and £23,280.00.

There are also a further dozen HR related Eversheds invoices that I haven’t scanned in and included here with amounts ranging from £1,140 to £14,049.60 (inclusive of VAT). These further invoices are for (amounts are inclusive of VAT) advice on governance and employment issues (1/3/13 to 26/3/13) £4,811.74, employment advice (6/3/13 to 8/4/13) £14049.60, employment advice (22/4/13 to 21/5/13) £10,893.60, employment advice (22/5/13 to 29/7/13) £8,508.00, employment advice (22/7/13 to 9/8/13) £1,315.97, employment advice (11/8/13 to 24/9/13) £1,140.00, advice on governance and employment issues (4/11/13 to 8/11/13) £3,345.60, employment advice (6/11/13 to 3/12/13) £2,280.00, secondment (4/12/13 to 13/1/14) £2,850, advice on governance and employment issues (2/12/13 to 6/12/13) £1,722.00, employment advice (18/11/13 to 24/1/14) £7,800 and employment advice (14/1/14 to 25/2/14) £2354.88.