Statement of reasons and points of law

Jock221

celinepatricia wrote: »

Are you for real?? He is on permanent chemotherpy until it stops working and then he will go onto another type of chemo until that stops working, and, if they cannt find one that works.. It is a terminal disease... it can be treated but NOT cured. Until you know what renal cancer is about either read up about it or dont put ill informed posts on this board![/QUOTE




Try to ignore that person obviously they are related to the Prime Minister

celinepatricia

Thanks Jock, at least some people who come on this board have got some sense and compassion. I'm really sorry to hear about your brother and wish him all the best in his fight against this terrible disease. I see that the other two seem to have disappeared and not bothering to reply to our posts any more. Have noticed this before with some posters who dont seem to have the guts to apologise for being.. what can I call it.. insensitive?

dmg24

celinepatricia wrote: »

Do you actually know what you are talking about, they are two different things!

No, they are not! When you ask for a decision maker to review the decision that is a reconsideration. When you go to Tribunal, that is the appeal. If you ask for an appeal, a reconsideration will take place before it goes to appeal.

Jock221, if you have not been to appeal/ Tribunal yet you do not have to base your appeal on a point of law, you can appeal on the facts of your case. You could of course appeal on a point of law if you thought it was relevant, but this only normally comes into play when appealing to the higher Tribunal.

Jock221

sh1305 wrote: »

How does that affect his ability to work? The names of the conditions don't matter.

A tribunal and appeal are the same thing.



see above. You just need to make sure that you meet the criteria for the relevant benefit.

Can you therefore explain why the exact same evidence was presented to the DWP in October 09 and they decided to retire me on early retirement as they said my disability was permanent and likely to last my lifetime and granted me my pension. Then in July 2010 the DWP with the same and more evidence I fail IB. Explain how that can be !! I was a civil servant for 24 years.

celinepatricia

Reconsideration is just asking another decision maker to take a look and see if he/she agrees with the first pen-pusher, appeal is different as far as i am concerned. If the 2nd penpusher agrees with the first then you go for appeal. You can miss the 2nd one out and go straight for appeal.

See you have not commented on my individual dealings with ESA. Do you not have any comments? You seem to have on everything else.

dmg24

Jock221 wrote: »

Thanks for that my appeal was a paper one and I see one of the panel was a solicitor do you think they would make a law error. I am waiting for a statement of reasons and then as you rightly advise will take it too CAB

Either you are making this up or your understanding is completely wrong. A panel would not look at your reconsideration, that would only be relevant at the appeal. Who told you a solicitor/ panel had been involved?

dmg24

celinepatricia wrote: »

Reconsideration is just asking another decision maker to take a look and see if he/she agrees with the first pen-pusher, appeal is different as far as i am concerned. If the 2nd penpusher agrees with the first then you go for appeal. You can miss the 2nd one out and go straight for appeal.

See you have not commented on my individual dealings with ESA. Do you not have any comments? You seem to have on everything else.

I have not commented on your dealings because this thread is not about you.

The reconsideration and what you have described as an appeal are the same thing.

Jock221

celinepatricia wrote: »

Thanks Jock, at least some people who come on this board have got some sense and compassion. I'm really sorry to hear about your brother and wish him all the best in his fight against this terrible disease. I see that the other two seem to have disappeared and not bothering to reply to our posts any more. Have noticed this before with some posters who dont seem to have the guts to apologise for being.. what can I call it.. insensitive?

Thanks he is doing everything in his power and more to try and beat this terrible disease. I do not think it's fair that cancer patients have to justify themselves to any pen pusher and be at their mercy for benefit. Compassion is not plentiful on this forum that's for sure. It's the same old story "as long as it's happening to someone else and not me " attitude

celinepatricia

dmg24 wrote: »

When you go to Tribunal, that is the appeal. If you ask for an appeal, a reconsideration will take place before it goes to appeal.

.

You go to appeal before tribunal. The way it works is submit application and go for medical , answer ESA refused. You can ask for reconsideration or go straight for appeal, if esa is still is refused you go to tribunal

Obviously in our case, we actually got somebody with some braincells who thought when they recieved our appeal papers, this person is really ill, why are we making him go to tribunal?

celinepatricia

dmg24 wrote: »

I have not commented on your dealings because this thread is not about you.

.

Didnt stop you commenting on anything else I have put on this thread though!