Statement of reasons and points of law

Jock221

I was just wondering if anyone has ever won IB on a point of law. I am not actually sure what I am looking for on it..

[Deleted User]

is this before or after an appeal?
if its before then the first thing is to appeal,if its after then you can only go higher by appealing to the commisioners on a point of law

Jock221

Sorry I should have stated I lost my appeal. The capability assessment report was laughable for instance the doctor stated 3 times that I could put on and take off my coat - I wasn't wearing one my mum was sitting in the waiting room with my coat and bag. I had a paper appeal as I was recovering from an op and couldn't go,they backed the doctor so now I am trying to find a point of law. I have fibromaylgia. Sero negative arthritis. Articular tears of the superspinatus in the shoulder, bursitis and just had more shoulder surgery to try and correct the lack of power in my right hand which has only 24%power.

dmg24

Jock221 wrote: »

Sorry I should have stated I lost my appeal. The capability assessment report was laughable for instance the doctor stated 3 times that I could put on and take off my coat - I wasn't wearing one my mum was sitting in the waiting room with my coat and bag. I had a paper appeal as I was recovering from an op and couldn't go,they backed the doctor so now I am trying to find a point of law. I have fibromaylgia. Sero negative arthritis. Articular tears of the superspinatus in the shoulder, bursitis and just had more shoulder surgery to try and correct the lack of power in my right hand which has only 24%power.

They did not back the doctor, they decided that the evidence of the DWP was more believable than yours. You need to prove that the Tribunal erred in their application of the law, challenging the facts of the case is not relevant here.

Jock221

I would have thought that the evidence on my file consisting of 4 MRI scans, 4 letters from orthopaedics consultants , my GP and a Harley street consultant with 15 letters after his name was as much evidence as they needed. The Doctor wrote a parcel of lies regarding the assessment and got away with it.

dmg24

Jock221 wrote: »

I would have thought that the evidence on my file consisting of 4 MRI scans, 4 letters from orthopaedics consultants , my GP and a Harley street consultant with 15 letters after his name was as much evidence as they needed. The Doctor wrote a parcel of lies regarding the assessment and got away with it.

It is impossible to give an informed opinion on why your claim failed without seeing your evidence. However, you need to move past the fact that you disagreed with their report and either find a point of law to appeal on or start a claim for ESA.

Indie_Kid

Jock221 wrote: »

I would have thought that the evidence on my file consisting of 4 MRI scans, 4 letters from orthopaedics consultants , my GP and a Harley street consultant with 15 letters after his name was as much evidence as they needed. The Doctor wrote a parcel of lies regarding the assessment and got away with it.

How does an MRI scan prove care and /or mobility needs?

celinepatricia

dmg24 wrote: »

They did not back the doctor, they decided that the evidence of the DWP was more believable than yours. .

Could you please explain how the DWP decide this when they have never met you? Even though the OP has provided evidence from Doctors and Consultants, how can a person sat at a desk in an office disregard this and decide that the Atos person is more believeable?

Jock221

sh1305 wrote: »

How does an MRI scan prove care and /or mobility needs?

Why bother doing MRI scans on anyone then . Surely they are used by doctors in assessing your illness and how best they can treat you. It's actually proof that I have a medical condition as opposed to Ffiling out a form for a benefit without medical evidence

Indie_Kid

Jock221 wrote: »

Why bother doing MRI scans on anyone then . Surely they are used by doctors in assessing your illness and how best they can treat you. It's actually proof that I have a medical condition as opposed to Ffiling out a form for a benefit without medical evidence

A medical condition doesn't entitle you to benefits. It's the care and /or mobility needs arising from the condition that do.

Jock221

If it wasn't so serious it would actually be laughable. The medical doctor a young lady wrote on my capability assessment that she could SEE nothing wrong with my shoulder and neck well of course she wouldn't unless she actually took time to read the scans maybe she had x ray eyes like the majority of them I think they are Government issued glasses that these Doctors get! It ok to say move on and claim ESA since they took my IB in July I have been living on £70 a week that's it no income support, no housing benefit, no DLA nothing after 30 years of work and never claiming a penny it's hardy fair!