Statement of reasons and points of law

dmg24

Jock221 wrote: »

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.

I was referring to departments within the DWP. The initial decision and the reconsideration were done within the Benefit Delivery Centre and the appeal by an independent tribunal. Your retirement would have been decided by HR and Occu Health.

Do you understand where you are in the process now?

dmg24

Jock221 wrote: »

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.

Yes, the rules are the same. If you apply for an appeal, a reconsideration will automatically be done before they send your documents to the Tribunal.

Jock221

celinepatricia wrote: »

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!

It's simple this new ESA benefit is yet another stepping stone by the Govt to try and find sneaky little ways to trick people, get them to slip up by a word or two, then twist it round to make a good old statement , add in a few little lies and half truths on their part and their job is done you fail and they draw the big medical fee. They are trained to have no sympathy. They don't realise they are actually costing the Govt money with so many appeals lodged and staffing for tribunal costing £250 a person who happens to sit on the tribunal panel . I am not saying everyone should pass but they need to stop treating every claimant as a scrounger and get it right first time.

Jock221

dmg24 wrote: »

Yes, the rules are the same. If you apply for an appeal, a reconsideration will automatically be done before they send your documents to the Tribunal.

Yes I think so I get the statement of reasons and go through it with a fine toothcomb and try and see if any point was missed then appeAl to An upper tribunal is that right

dmg24

Jock221 wrote: »

Yes I think so I get the statement of reasons and go through it with a fine toothcomb and try and see if any point was missed then appeAl to An upper tribunal is that right

Yep, that is correct, but you are looking for errors of law, not errors of fact. The Tribunal are not infallible, they can make mistakes, but they are rare. You would benefit from a specialist helping with this - it is something I would struggle with, and I deal with disability law full time.

celinepatricia

Totaly agree with you there Jock. We arnt stupid and we all know that some people ,who claim everything they can, know how to work the system, but, when overwhelming medical evidence is presented and the ESA/DWP still turn you down for the pittnce that they pay,that is when you find people getting really angry. All everybody wants is that the right people, who deserve it, are actually receiving what is their right.

Indie_Kid

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?

An appeal is a tribunal. You can have a reconsideration before an appeal.

Jock221

dmg24 wrote: »

Yep, that is correct, but you are looking for errors of law, not errors of fact. The Tribunal are not infallible, they can make mistakes, but they are rare. You would benefit from a specialist helping with this - it is something I would struggle with, and I deal with disability law full time.

I have a law degree but didn't study much about benefits so perhaps the CAB might be more experienced. I notice in that document link you sent that ESA applicants get their benefit when waiting on an appeal . My appeal for IB took 7 months and I never got a crumb.

Jock221

celinepatricia wrote: »

Totaly agree with you there Jock. We arnt stupid and we all know that some people ,who claim everything they can, know how to work the system, but, when overwhelming medical evidence is presented and the ESA/DWP still turn you down for the pittnce that they pay,that is when you find people getting really angry. All everybody wants is that the right people, who deserve it, are actually receiving what is their right.

Your right there give me my career any day instead of this constant battle to get help. It's not something anyone planned out but it's the old saying the the best prams on the high street are being pushed by single unemployed parents.

dmg24

Jock221 wrote: »

I have a law degree but didn't study much about benefits so perhaps the CAB might be more experienced. I notice in that document link you sent that ESA applicants get their benefit when waiting on an appeal . My appeal for IB took 7 months and I never got a crumb.

That is one thing that differs, and something I don't really get. In effect those on ESA could keep failing appeals, starting new claims, failing the WCA, appealing etc indefinitely and still receive payment. The only thing that would stop the money was if their last medical was in the past six months, but that rarely happens because of the delays in appealing.

With IB you could have applied for an IS hardship payment whilst appealing, however that would take into account any other household income/ capital so you may not have received anything.