Statement of reasons and points of law

cit_k

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.

ps- if you apply for ESA, and you can get the doctor to backdate a sicknote, you can have up to three months backdating of ESA.

sunnyone

His IB was awarded after ESA came into being according to him, thats impossible.

dmg24

sunnyone wrote: »

His IB was awarded after ESA came into being according to him, thats impossible.

Good point - there is a possibility whereby he could have claimed it in Nov 09, but I would be interested in Jock221's explanation before I say anymore.

Jock221 wrote: »

Hi all I would appreciate a bit of help as to what I do next. The background I worked as a data processor in the civil service for 23 years. In 2007 I developed shoulder problems in march 08 had complex shoulder surgery which didn't work . Saw the OH at work 5 times and he refused to give me the all clear to return to work in oct 09 they pensioned me off at 45 on early retirement get £70 a week pension I got IB nov 09 until JUne 10 then failed the capability assessment nil points. They agreed with the medical evidence from 4 consultants but stated on the letter"medical officer stated that claimant has an RSI shoulder injury, carpal tunnel, fibromyalgia but as musculoskeltal not lfe threatening customer is cognitively intact and hazard aware and no surgery is anticipated" my consultant had just carried out carpal tunnel on me in November to try and help the shoulder pain. It as yet has not made things any better.!my appeal was a paper one in dec and they have backed the medical doctor and I lost. What can I do now I wanted to continue in my job and wasn't allowed and was forced to retire. I would appreciate any useful advice thanks

Breast_Cancer_Survivor

sh1305 wrote: »

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

I don't know if ESA/IB is different but I was initially turned down for DLA, asked for a reconsideration but turned down again, went to appeal which I lost before going to tribunal on a point of law (they should of offered me an oral hearing rather than the paper one) which I won resulting in me getting my DLA backdated for 2 years.

dmg24

Breast_Cancer_Survivor wrote: »

I don't know if ESA/IB is different but I was initially turned down for DLA, asked for a reconsideration but turned down again, went to appeal which I lost before going to tribunal on a point of law (they should of offered me an oral hearing rather than the paper one) which I won resulting in me getting my DLA backdated for 2 years.

The tribunal was the appeal. The second tribunal where you had to argue on a point of law was the upper tribunal.

If you think about it in a criminal context, your first appeal is to the Court of Appeal, then you appeal again on a point of law to the House of Lords.

Breast_Cancer_Survivor

dmg24 wrote: »

The tribunal was the appeal. The second tribunal where you had to argue on a point of law was the upper tribunal.

If you think about it in a criminal context, your first appeal is to the Court of Appeal, then you appeal again on a point of law to the House of Lords.

Thanks for explaining it.

I just thought they were different because they had different names.

Indie_Kid

cit_k wrote: »

ps- if you apply for ESA, and you can get the doctor to backdate a sicknote, you can have up to three months backdating of ESA.

Because he's failed the IB, I doubt very much he'll pass the WCA.

Jock221

cit_k wrote: »

To o/p when did you lose the tribunal, and when did you request the statement of reasons?

It can take a long time to get things like this sorted..

When appealing IB your choices used to be to either claim reduced rate income support or JSA.

I think I am correct on the following points, someone point out if I am wrong, if you were turned down for benefits more than 6 months ago, or your condition has deteriorated you should now be able to put in a claim for ESA, and that claim can run whilst your tribunal for IB is being sorted out.You will find, if you had been claiming reduced rate income support
the DWP would stop paying you until you have been granted leave to appeal.







I was turned down for IB on 15th December and I applied for the statement of reasons that day by post and e mail, have not heard a squeak from them. I applied for ESA on 29th November when I was discharged after further surgery I enclosed an 8 week sick line, my pension details and my P45 from my retirement in Oct 09. I checked my file which is as thick as a bulls lug and found I started to received IB in Oct 08 when I was on half pay from work (my mistake). Since July 10 when I failed the WCA I have received nothing they told me to claim job seekers but I apart from the fact I am unfit to work, even if I could get a job which is highly unlikely as no one is going to want me with my ailments, the fact that I get job seekers would probably go against me.

Jock221

sh1305 wrote: »

Because he's failed the IB, I doubt very much he'll pass the WCA.

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. I went into hospital in November as the consultant told me that if he cut the nerves feeding my shoulder it may help with pain relief ( sort of carpal tunnel op)
I saw him yesterday for my post op review and his opinion is that it failed and my hand now will be a lot weaker than it originally was ( considering right hand 24% left hand 58% before the op. I really dont know enough about these benefits as I have only ever got IB and that was shortlived.

Jock221

cit_k wrote: »

To o/p when did you lose the tribunal, and when did you request the statement of reasons?

It can take a long time to get things like this sorted..

When appealing IB your choices used to be to either claim reduced rate income support or JSA.

I think I am correct on the following points, someone point out if I am wrong, if you were turned down for benefits more than 6 months ago, or your condition has deteriorated you should now be able to put in a claim for ESA, and that claim can run whilst your tribunal for IB is being sorted out.

You will find, if you had been claiming reduced rate income support, the DWP would stop paying you until you have been granted leave to appeal.

I strongly suggest, as was already mentioned, that you get professional help from a welfare rights worker, as these things are very complicated, and can also have ramifications on other claimaints due to case law decisions if it gets that far.

I have been in the same position, I requested first of all that the tribunal be set aside (due to my rep not turning up) but they refused that.
Then I requested a statement of reasons.
Eventually (these things do take a very long time) that turned up.
Welfare rights drafted up a reply, and that went back to the tribunal service as a request for leave to appeal against the decision of the tribunal.

As that decision is made by the first tribunal themselves, they as you tend to expect, eventually said no, permission denied.
I then had to request again to the upper tribunal.

Eventually, they get in touch with the secretary of state with their response and ask for a response form the state.

Eventually, it has been agreed mistakes were made,and its gone back to the upper tribunal where a judge will either decide then and there or request a new tribunal.

The whole process has been ongoing for about 2 years or so now, and still waiting.

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.