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Incapacity benefit appeal won

Hi, can i appolgies in advance for my grammer and spelling which are not great.

I attended an tribunal on the 15/12/2010 for incapacity benefit which had been stopped on the 29/03/2010 after i recieved 0 ponits from atos doctor.

I recieved a report after the assesment stating why i failed which included an assesment on my physical capabilitys.
However the doctor did not carry out a physical examination and therefore had clearly lied!!

I informed the dwp of this who were not intrested. I had attended 2 previouse examination were i had gained the 15 points needed.

And on the 15/12/2010 at my tribunal won the appeal and gained 15 point with evidence provided to the panel.

I have not yet been informed as to wether the dwp will allow this decision yet, but my concern is that for all the genuine claiments having to go through this is that they do not look at the whole picture just
the last report they recieved.

Now i thought we were innocent until proven guilty but it seem were the dwp are concerned you are guilty until proven innocent! Even then they may not allow it.

Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Did you have a question regarding your benefit entitlement?
    Gone ... or have I?
  • Yes my question is this,

    How can the dwp decide wether they will allow this decision givin that it was enforced by a court judge?
  • Robbie64
    Robbie64 Posts: 2,371 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you won your appeal unless there is a point of law upon which the DWP can appeal then the decision of the judge is binding.
  • Thanks am not fully sure i understand that! Maybe we should bring in a law which punishers the robotic people that make these stupid decision in the first place... Maybe abuse of commonsence lol
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    twopingtwo wrote: »
    Thanks am not fully sure i understand that! Maybe we should bring in a law which punishers the robotic people that make these stupid decision in the first place... Maybe abuse of commonsence lol

    What is it that you do not understand?

    The DWP will very rarely appeal a decision. You will receive your IB payment (and any backdated amount) unless they decide to appeal.
    Gone ... or have I?
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