Universal Credit Tribunal irregularity

Spoonie_Turtle

NE12 said:

For her Tribunal I went into great detail on each descriptor on why I think she's not fit for work.  I gave many examples of what her daily life is like, and what it would be like if she was forcibly pushed into doing things she's not capable of doing, and that I felt which would result in many sanctions.  I also wrote a lengthy statement.

You've done the work for a good claim already then.  The person saying you needed new evidence for an MR was wrong but I don't know that there's anything you can do now to stop the new assessment.

If you haven't already read the assessment guide and understand how the descriptors are assessed, I would still advise doing that because in some areas it's a higher threshold than PIP.  If you have, then great.

poppy12345

Reading those journal messages i can see that you have missunderstood what you were advised. You were advised that no more fit notes were needed because your wife has been assessed as being able to do some work. They also advised that you can request the MR but would need more evidence to support this, this doesn't mean more fit notes because they are not classed as evidence.

You requested the MR because you had a new health condition but when you request the MR they will look at how your condition was when the original decision was made, this includes the Tribunal. The minute you mention a worsening of condition then this is likely to go against you.

You state you have lots of knowledge but it doesn't seem this way to me. My advice is to get some further advice and representation from an agency near you and use the link provided above to see what's local to you.

calcotti

NE12, you may wish to edit the image you have uploaded as your wife’s name is visible in several places, as is your first name.

Note also that you are confusing two different situations.

A Mandatory Reconsideration looks again at the original decision based on the situation on the time that original decision was made. Additional information can inform the MR but it cannot take intonations account changes that occurred since the decision (although it I should possible that anew diagnosis will throw some light on the previously reported difficulties).

If there have been changes in health that impact the difficulties experienced thenthat wouldn’t be grounds for a new assessment.

NE12

poppy12345 said:

Reading those journal messages i can see that you have missunderstood what you were advised. You were advised that no more fit notes were needed because your wife has been assessed as being able to do some work. They also advised that you can request the MR but would need more evidence to support this, this doesn't mean more fit notes because they are not classed as evidence.

You requested the MR because you had a new health condition but when you request the MR they will look at how your condition was when the original decision was made, this includes the Tribunal. The minute you mention a worsening of condition then this is likely to go against you.

You state you have lots of knowledge but it doesn't seem this way to me. My advice is to get some further advice and representation from an agency near you and use the link provided above to see what's local to you.

No that's not exactly what happened. 

She had her assessment, and got notifed that she was found to be fit for work.  In the decision notice it said to not hand in more fit notes, as she'd been found to be fit for work.  I contacted them straight away via a phone call and asked for it to be looked at again via a mandatory reconsideration as we disagreed with the decision.  They told me no she can't have it looked at again, unless she gives them some new evidence.  I'd never heard of that before, as I'm fairly sure you're within your rights to ask for it to be reconsidered without having to declare anything new? 

They were adamant they'd not do a mandatory reconsideration unless I gave them something new.

So that's where you see the message that a document upload regarding her Type 2 Diabetes was completed.  I never originally asked for a MR based on her new health condiiton.  I just wanted them to look at the decision again,  but they made it clear they wouldn't unless I gave them something new, and that's all I had.

They told me that her new condition listed is what got the ball rolling on a MR, but then when the decision arrived it said her Diabetes couldn't be considered, so why even ask for something new, and also why accept it. 

After this my wife was having a melt down so went to the doctor for help, and was given a new fit note by the doctor and was told to hand that in while they're doing the reconsideration.  The conditions listed on the fit note were exactly the same as before, and when I took this to the Jobcentre they refused to accept it, as it had the same conditions listed on it.  My wife spoke to her doctor again, and she's the one that listed her anxiety as raised which it was.  That was then accepted by the Job Centre and have been accepted during the reconsideration and the many months leading upto the Tribunal.  The fit notes have never listed her Type 2 diabetes as a reason for not being fit for work.  Her work coach has told her the entire time, to keep handing in fit notes while it's ongoing.  In her words it's to keep the job centre of her back while she goes through the MR and the Tribunal.

After the Tribunal decision in March, her work coach instructed her to continue handing in fit notes while waiting to get back written reasons of the Tribunal Judge. 

My wife then asked if she could have a new assessment, and was told yes.

NE12

Just got a new decision from the Tribunal and this time it was a win. 

My wife got 9 points for getting about, and 6 points for coping with social engagement due to cognitive impairment or mental disorder. 

I'm pretty sure this puts my wife in the LCW group and not the LCWRA group.

Alice_Holt

NE12 said:

Just got a new decision from the Tribunal and this time it was a win. 

My wife got 9 points for getting about, and 6 points for coping with social engagement due to cognitive impairment or mental disorder. 

I'm pretty sure this puts my wife in the LCW group and not the LCWRA group.

       Well done.   That's LCW with 15 points.