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Statement of reasons and points of law

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Comments

  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Jock221 wrote: »
    Do you think so, on my tribunal papers the panel said no further surgery anticipated and the mendical opinion is nothing further can be done to help my condition.

    ESA is much harder to get than what IB is.
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  • cit_k
    cit_k Posts: 24,812 Forumite
    sh1305 wrote: »
    Because he's failed the IB, I doubt very much he'll pass the WCA.


    Failing IB does not always mean someone has actually failed IB.
    Even failing the tribunal does not mean someone has failed, thats why they have upper tribunals.

    I usually win the tribunal, last one I lost, ill on day, rep failed to turn up etc, but eventually after appeal to upper tribunal they and the sec of state has admitted they got it wrong.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • cit_k
    cit_k Posts: 24,812 Forumite
    Jock221 wrote: »
    Gosh I couldnt wait 2 years without a penny I seriously need something more than my work pension currently £70 a week. Would the fact that further surgery was carried out in November help my case. I know that the Fibromalygia wont change and the Doctor has increased the lyricia. I hate all this having to justify and plead for a few quid its soul destroying I wish I could go back to my old life, job, money, self respect.

    I only went a few month living of crisis loans, until I was finally told to put in the ESA claim as they were sick of me claiming crisis loans..

    Expecting a tribunal for ESA though, so probably going to have two tribunals in the pipeline, esa and IB...

    Any change of circumstances would not be of interest to the IB tribunal, as they can only look at how you were back then, but would be of interest for any ESA claim.

    If you have to go for a medical, ask them in writing to have the medical recorded, so you can cover your back, all the assessors I have met have been lying barstewards so to speak.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • Jock221
    Jock221 Posts: 160 Forumite
    dmg24 wrote: »
    How long has the OP been waiting for his report? What law would that be in contravention of?

    Been waiting 5 weeks and got an email today to say there still processing but it can take ages.
  • Jock221
    Jock221 Posts: 160 Forumite
    cit_k wrote: »
    I only went a few month living of crisis loans, until I was finally told to put in the ESA claim as they were sick of me claiming crisis loans..

    Expecting a tribunal for ESA though, so probably going to have two tribunals in the pipeline, esa and IB...

    Any change of circumstances would not be of interest to the IB tribunal, as they can only look at how you were back then, but would be of interest for any ESA claim.

    If you have to go for a medical, ask them in writing to have the medical recorded, so you can cover your back, all the assessors I have met have been lying barstewards so to speak.

    Who does the recording I would be interesting in getting the assessment recorded because of the lies, assumptions and predictions the doctor made on the last one
  • Jock221
    Jock221 Posts: 160 Forumite
    cit_k wrote: »
    Im not sure where I read it, I will try in the next couple of days to find it again, but I am sure I read some case law about tribunals relying on ATOS evidence over third party evidence, and that it was not right for them to automatically do so without very good reasons (or something similar to that, I would have to find the actual document before you could safely use a point like that though).




    Care and mobility needs are not in dispute, this is a appeal for IB, which is simply about if a person can work or not.

    Have you ever thought they may just be lying, in order to cover up a more serious issue
    If its so easy, how come you did not
    pass...


    I never said it was easy. It is unfair because people who are not geninue are getting through and laughing about it .
  • Jock221
    Jock221 Posts: 160 Forumite
    What is ATos? We don't have that where I live.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Jock221 wrote: »
    What is ATos? We don't have that where I live.

    They do the medicals for those of us who live in England. (not sure about the rest of the UK)
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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Jock221 wrote: »
    Been waiting 5 weeks and got an email today to say there still processing but it can take ages.

    It is a long wait, largely because of the long holidays this year, but it is not grounds for appeal. A refusal to supply reasons would be, but that is not the case here.
    Gone ... or have I?
  • jps71
    jps71 Posts: 48 Forumite
    sh1305 wrote: »
    They do the medicals for those of us who live in England. (not sure about the rest of the UK)

    They also do the medicals in Scotland.
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