ESA Task Force looking at cases under appeal??

oldestrocker

Hello,

I have another thread going which is for a specific reason.

However, something has come about after a telephone call I made to the Tribunal Service this afternoon, that on the face of it is good news, but when considered in more depth, has far reaching consequences.

The Tribunal Service have told me that the DWP have very recently (within the past few weeks) set up a task force of Decision Makers that are re-examining cases awaiting appeal from all over the UK.
Their brief is to review the evidence to see if the original decision was wrong in light of them being able to find 15 points or more.

This is also there to reduce the burden on the Tribunal Service to reduce the backlog of appeal cases.

If this is the case, and I have no reason to doubt it as it has happened to me, then are they 'watering down' the levels of failure in such a manner that it is not being made public?
Have the government come to their senses and realised at last that the system is not working?
Are they reducing the bar for claimants to be considered unfit for work?

Has this happened to anybody else? All of a sudden being told that the decision has be looked at again, months after the appeal has been lodged and no further evidence having been sent in?

Or received a letter saying that the Tribunal has decided, whilst waiting for a date? And when challenged, find that the Tribunal has decided nothing - it was the DWP?

Thanks

frank_begbie

Not sure what you're saying here.

Do you mean the government are embarrassed at the amount of claimants that are failing to reach 15 points, so are instructing the decision makers to give people more points?

oldestrocker

frank_begbie wrote: »

Not sure what you're saying here.

Do you mean the government are embarrassed at the amount of claimants that are failing to reach 15 points, so are instructing the decision makers to give people more points?

Yes it would seem so!

Their official line is that after 'reconsideration' they have changed their mind about the number of points awarded.

Having already had a reconsideration in Feb 2010, and no other evidence or information having been sent in - they have another 'reconsideration' in October 2010 and find at least 15 points!

Then the Tribunal Service say that this 'operation' under way by outside DM's coming in to offices is there to try and reduce the number of appeal cases as well as review others where the original DM may have been too harsh!

frank_begbie

So they're just trying to make it look a bit more realistic.

Is there any depths they won't sink to?:o

NASA_2

Love the conspiracy theories here.

ESA is a new benefit, the regulations and accepted customs change all the time, that is why it makes sense at this point to review older cases under appeal.

oldestrocker

NASA wrote: »

Love the conspiracy theories here.

ESA is a new benefit, the regulations and accepted customs change all the time, that is why it makes sense at this point to review older cases under appeal.

Hi that sounds just like what I was told today by the DWP!

The guy who rang this afternoon, said that a memo had been sent down to review outstanding cases that are awaiting an appeal hearing to see if on reflection the decision could now be changed to lower the numbers that are going forward to the Tribunal Service. Hence these Decision Makers from other offices are re-looking at open cases.
What he also said was that the 'flavour of the month' is now to keep the potential appeal cases from becoming real appeal cases!

Whichever way it is dressed up, I have had a decision maker make a decision then a reconsideration with another decision maker in Feb, both of which said that I did not reach the required number of points.
The only documents I have ever sent regarding my ESA claim are, the claim form(s), MED 3's, an ESA50 and an appeal notice. No evidence, no info as to where I thought they had got it wrong - nothing. I have the evidence, but was waiting for my day in court to present it.

Then another decision maker(a third one) comes along 10 months later and if by magic finds at least 15 points! Now that to most people will look a tad suspicious.

They are either putting more effort in to get people through the assessment, or they are being told to use a broad brush and use more common sense. Or have they realised that too many are failing the assessment and are now being more understanding of people's illnesses or even reducing the weight that they have in the past given to the ATOS reports.

Something somewhere is happening, and after looking on another forum there are another 5 claimants that the same thing has happened to - word for word.
I just wish they would be open and say why this is happening.
But I will keep on at them to get to the bottom of it, as I do not accept that 'winning' like this is fair - not without any explanation as to how or why.
I have appealed against the decision as I was expecting to be allocated the 'Support' group.

I have also complained to my MP asking him to get to the bottom of this change of direction and hopefully supply me with a copy of the relevant internal memo that would appear to have been sent to DM's.

Depending on the answer, I will take the matter further.

Gosh it's no different than being found guilty in court, spending 10 years in jail then being told that I am innocent without putting forward any new evidence.
It's either right or wrong, you can't make right into wrong without there being some reason.

bertiebat

oldestrocker wrote: »

Hi that sounds just like what I was told today by the DWP!

The guy who rang this afternoon, said that a memo had been sent down to review outstanding cases that are awaiting an appeal hearing to see if on reflection the decision could now be changed to lower the numbers that are going forward to the Tribunal Service. Hence these Decision Makers from other offices are re-looking at open cases.
What he also said was that the 'flavour of the month' is now to keep the potential appeal cases from becoming real appeal cases!

Whichever way it is dressed up, I have had a decision maker make a decision then a reconsideration with another decision maker in Feb, both of which said that I did not reach the required number of points.
The only documents I have ever sent regarding my ESA claim are, the claim form(s), MED 3's, an ESA50 and an appeal notice. No evidence, no info as to where I thought they had got it wrong - nothing. I have the evidence, but was waiting for my day in court to present it.

Then another decision maker(a third one) comes along 10 months later and if by magic finds at least 15 points! Now that to most people will look a tad suspicious.

They are either putting more effort in to get people through the assessment, or they are being told to use a broad brush and use more common sense. Or have they realised that too many are failing the assessment and are now being more understanding of people's illnesses or even reducing the weight that they have in the past given to the ATOS reports.

Something somewhere is happening, and after looking on another forum there are another 5 claimants that the same thing has happened to - word for word.
I just wish they would be open and say why this is happening.
But I will keep on at them to get to the bottom of it, as I do not accept that 'winning' like this is fair - not without any explanation as to how or why.
I have appealed against the decision as I was expecting to be allocated the 'Support' group.

I have also complained to my MP asking him to get to the bottom of this change of direction and hopefully supply me with a copy of the relevant internal memo that would appear to have been sent to DM's.

Depending on the answer, I will take the matter further.

Gosh it's no different than being found guilty in court, spending 10 years in jail then being told that I am innocent without putting forward any new evidence.
It's either right or wrong, you can't make right into wrong without there being some reason.

Just a point that should be asked, but do you know whether they sought any further evidence from your GP/Consultant etc, which may have changed their mind.

I know that they are supposed to do this initially, but I've heard that sometimes this doesn't happen. Is it possible that they sought further evidence which could have influenced the change of mind? I.e are you sure that it's purely based on the same data initially put to the original DM?

frank_begbie

NASA wrote: »

Love the conspiracy theories here.

ESA is a new benefit, the regulations and accepted customs change all the time, that is why it makes sense at this point to review older cases under appeal.

You must have blinkers on mate.

oldestrocker

bertiebat wrote: »

Just a point that should be asked, but do you know whether they sought any further evidence from your GP/Consultant etc, which may have changed their mind.

I know that they are supposed to do this initially, but I've heard that sometimes this doesn't happen. Is it possible that they sought further evidence which could have influenced the change of mind? I.e are you sure that it's purely based on the same data initially put to the original DM?

Hi there,

Yes that is a good point and you are quite right in that they 'may' have been in touch with my GP. My consultant - definitely not, they don't know who is it, I never told them!
In fact, I went to see him (GP) this morning for some routine tests, and mentioned to him that they had accepted my appeal and that I was now in the work group. I asked him if he had heard anything, just because the last letter he had from the DWP told him not to issue any more sick notes! He checked the computer system and said No! However we did have an amusing chat about me going back to work - not likely!!
So the answer is no, they have not contacted anybody!

oldestrocker

frank_begbie wrote: »

You must have blinkers on mate.

Hi
I think what NASA means is that the DWP move with the times and review their own practices to try and head off problems before they become too big to solve.

I am aware that Internal memos are sent out to offices from headquarters within the Civil Service. They give updated instructions and changes of practice.

What I want the DWP to admit to is that this has actually happened. Call it a U turn of sorts or at best a change of working practice to assist in the smooth running of the department. They also issue instructing memos to the Decision Makers setting out the revised opinion on how the office should deal with cases in the light of ever changing laws, regulations and case law.

What I would love to get hold of, apart from an admission from the DWP is a copy of those instructions (which they will obviously deny exist) There are too many cases at the moment that are being dealt with in this way for it to be a coincidence. Plus the information from the Ministry of Justice is reliable which is where I first heard of it.

Failing that, then I will have to be a lot more devious and speak with the Tribunal Service again. Hopefully they will pass on further qualifying info that can be used against the DWP!

Obviously any change in the way they are now assessing people is important news, especially if the result is that more actually start to pass the assessment first time. This you could imagine will be of great interest to the media!!!