Incapacity Benefit Wrongly Stopped - Failed Medical

nogginthenog

Zara33 wrote: »

Surely that is illegal

No it is not...but it is illegal to tape a telephone conversation without permission in the UK.
But a recording will NOT be allowed as evidence in ESA appeal.

Now to confuse things, if you take the appeal process a step further and go for a judicial review,...Taped evidence MAY be allowed if the judge permits and he/she thinks its of relivance to the case.

strawberry_cupcake_2

healy wrote: »

Lets put it this way I have experience of a very large number of tribunals and I have never known them not to be INDEPENDENT.

Yes, but is that because you work for either the DWP, the Tribunal Services or something similar? Because, you do seem to be defending them a lot, and writing as if you are in the know, for instance, I know quite a lot about VAT because I used to work in the VAT Dept of what was HM Customs and Excise before getting ill

strawberry_cupcake_2

cit_k wrote: »

Fair comment, but its hardly 'personal details' to reveal if your experience is from the claimaint side, or the tribunal itself side, or from working in the civil service in some capability that would involve you coming into contact with tribunal data at some point in your work, or from working for a independant organisation/charity that deals with tribunal cases etc.

No one is asking for names/addresses/place of work/exact job title/exact companies or departments, etc - just a general inclination so people can understand what sort of experience you are likely to have.

.

I have just asked practically the same thing! I dont mind sharing the fact that I worked for HM Customs and Excise before having to leave work through my illness, I'm hardly devulging any official secrets though!

healy

strawberry_cupcake wrote: »

Yes, but is that because you work for either the DWP, the Tribunal Services or something similar? Because, you do seem to be defending them a lot, and writing as if you are in the know, for instance, I know quite a lot about VAT because I used to work in the VAT Dept of what was HM Customs and Excise before getting ill

I have already replied to your earlier question.

I am defending them because I know they are independent and other posters are saying they are not. I do not want posters/viewers to receive incorrect information.

strawberry_cupcake_2

healy wrote: »

I have already replied to your earlier question.

I am defending them because I know they are independent and other posters are saying they are not. I do not want posters/viewers to receive incorrect information.

Yes, but how do you know? Why cant you just say where you get your knowledge from, thats all I'm asking, you dont have to say who you work for or anything.

cit_k

nogginthenog wrote: »

No it is not...but it is illegal to tape a telephone conversation without permission in the UK.
But a recording will NOT be allowed as evidence in ESA appeal.

Now to confuse things, if you take the appeal process a step further and go for a judicial review,...Taped evidence MAY be allowed if the judge permits and he/she thinks its of relivance to the case.

There is no law that stops a recording being used as evidence in a ESA appeal that I know of, unless you know of something specifically stopping it, in which case could you share the data.

Its up to the tribunal to decide what evidence to accept, and tribunals can accept taped evidence if they wish. Especially if you tell then about a past case where it was ruled acceptable.

strawberry_cupcake_2

Ok Healy so you aren't going to explain how you "know" what really goes on in Tribunals, so I'm gonna take your "advice" with a pinch of salt, no offence, but you can't provide evidence (hark, at me, i sound like I'm conducting my own tribunal hearing!) - so I will just stick with the facts that I know from personal experience

strawberry_cupcake_2

By the way, did any of you catch Benefit Busters on Channel 4 last night? It was quite an eye opener

healy

strawberry_cupcake wrote: »

Yes, but how do you know? Why cant you just say where you get your knowledge from, thats all I'm asking, you dont have to say who you work for or anything.

It does not matter how many times you ask the same question, I am not saying anything further as my earlier post says enough.

healy

strawberry_cupcake wrote: »

Ok Healy so you aren't going to explain how you "know" what really goes on in Tribunals, so I'm gonna take your "advice" with a pinch of salt, no offence, but you can't provide evidence (hark, at me, i sound like I'm conducting my own tribunal hearing!) - so I will just stick with the facts that I know from personal experience

That is up to you. I could tell how I know but that would still not provide any evidence as it is only my word which you already appear not to believe.

I have experience of a very large number of tribunals and they have always been independent, if you had problems with yours and you felt it was not independent you could/should have taken it further.