We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Statement of reasons and points of law
Comments
-
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?
Making up what! A. I failed the capability assessment B I put in an appeal my case was heard by a panel of 3 people a doctor. A lawyer and a civil servant I have these details from the papers I didn't make it up. I am awaiting a Statement of reasons to see if they made an error of law
Making what up !! I failed the capability assessment, put in an appeal that went to an appeal panel, that consisted of a Doctor, lawyer and0 -
Making up what! A. I failed the capability assessment B I put in an appeal my case was heard by a panel of 3 people a doctor. A lawyer and a civil servant I have these details from the papers I didn't make it up. I am awaiting a Statement of reasons to see if they made an error of law
In that case that was a Tribunal. celinepatricia is referring to a reconsideration. Did you have a written hearing rather than attending?Gone ... or have I?0 -
In that case that was a Tribunal. celinepatricia is referring to a reconsideration. Did you have a written hearing rather than attending?
he would have had to have an appeal before a tribunal!
he said the appointment was on a day when he was actually in hospital having an operation. surely it would have been postponed and heard at a later date if he was an inpatient having surgery in hospital?0 -
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?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.
This was the same DWP that medically retired me in Oct 09 for having a disability that is permanent and would prevent me from working until retirement, their words not mine. The funny thing is it was based on the same medical evidence that the DWP doctor in JUly 2010 failed my capability assessment with nil points. Just how can they explain that?0 -
-
This was the same DWP that medically retired me in Oct 09 for having a disability that is permanent and would prevent me from working until retirement, their words not mine. The funny thing is it was based on the same medical evidence that the DWP doctor in JUly 2010 failed my capability assessment with nil points. Just how can they explain that?
The two decisions would be made by completely different people, and based on different criteria. I don't want to get involved in the politics of it, but am happy to help you understand the appeal process.Gone ... or have I?0 -
celinepatricia wrote: »he would have had to have an appeal before a tribunal!
he said the appointment was on a day when he was actually in hospital having an operation. surely it would have been postponed and heard at a later date if he was an inpatient having surgery in hospital?
They did offer to do that but I was do anxious to get it sorted and not delay another month until I had recovered so I told them to go ahead and do a paper one ,big big mistake0 -
The two decisions would be made by completely different people, and based on different criteria. I don't want to get involved in the politics of it, but am happy to help you understand the appeal process.
The same DEpartments made the decision the Dwp are my pension providers for my civil service retirement pension. The DWP did my appeal for IB. They didn't pension me off at 45 with full pension if the evidence wasn't strong enough as it costs then money. However thanks for the advice I will keep going with this . I applied for ESA 8 weeks ago and haven't heard a squeak from them another battle begins.0 -
Well, you would agree because you trust that these people are going to do the right thing.. dont make that mistake again, I still cannt figure out how somebody on high rate mobility who obviously had mobility problems can score nil points on an ESA medical.. any thoughts on this appreciated!0
-
Jock221, this document explains the correct process.
That document seems to apply to ESA as my appeal is IB are the rules the same as this reconsideration issue wasn't offered to me.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.1K Work, Benefits & Business
- 600.7K Mortgages, Homes & Bills
- 177.5K Life & Family
- 258.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards