Tribunal Recommendation

[Life-Goes-On]

A story about my ESA

Been on ESA for about 8 years after every "assessment" I’ve been placed in WRAG.

TBH that was never a problem for me as I only had a phone call every 6 months or so from Job Centre.

That changed about 14 months ago as I was transferred to one of the providers and had to start going to meetings.

The first woman I saw was great and advised to request to put in the support group, so I did.

It took 8 months for a "assessment" (in the meantime I was passed to many different providers)

This "assessment" was a complete joke the report was filled with lies and half-truths.

I got zero points from her, but the decision maker did put me back into WRAG.

 

I appealed that decision on the grounds of not being able to “mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion & also repeatedly mobilise 50 metres within a reasonable timescale because of discomfort or exhaustion.

 

I supplied evidence from when I applied for a Blue Badge, and also when I was awarded PIP at high rate mobility and had another supporting letter. All the DWP had was at my "assessment” I was seen walking slowly for 7 metres” I have to admit I go into detail about how someone can assess me being able to walk over 50 metres, when I was only seen walking such a short distance.

 

I did expect the mandatory reconsideration to reverse that decision (foolish I know) but they upheld the decision, saying being in pain wasn’t a reason

 

Anyway I asked for a tribunal and basically said the DM had erred in law as being in the pain was a reason and it is clearly stated.

 

I had my hearing on the 13th Dec that lasted about 45mins. I was asked to go into lots of details about my life. I expect this was to see if my answers were consistent. It did fill like a grilling but I was glad it was detailed as I knew my answers would support my case. At the end they said they would call me back in to explain their decision.

I knew being called back in can be good omen as the person before me wasn’t , but was worried about the “explain their decision”.

While waiting it was the first time I thought I might lose even though all the evidence is on my side. I needn’t have worried my appeal was allowed and basically explained that my oral evidence was relied upon.

 

So that my ESA story, now to the question I have

The tribunal recommends I am not reassessed for at least 24 months, and want to know if the DWP pays attention to this?

 

P.S. I just had a letter from the Job Centre for an appointment in Jan, guess who won’t be going

[Bazooka Boo]

I do hope you have informed your local MP of this?

 

They need to be made accountable for the continued persecution of the sick and disabled in this country.

 

The DWP are a law unto themselves, seriously, they completely ignored the judge in my tribunal.

 

As for the letter from the JCP, I'd be informing them in Jan before the date of the appointment that you won't be attending, unless of course they send you a letter confirming the tribunals findings.

[Lapsed Workaholic]

If the Tribunal decision had not gone in your favour you would have had a right of appeal. I expect the DWP has the same right when a decision goes against them.

 

I don't know if you asked for, or received, a full statement of reasons for the Tribunal's decision, but it would be advisable to acquire such a statement.

 

Unless the letter notifying you of the appointment specifies the reason for it then it might be too presumptuous to jump to any wrong conclusions as to the reasons.

 

If your worst fears do turn out to be justified then you could hopefully refer them to any and all the information received by you from the Tribunal and politely advise them that if they have any objections to the result, or any further questions, their only legal course of action would be to seek clarification from or to appeal to the Tribunal and not to subject you to what can only be described as harrassment and dragging you to some form of kangaroo court.

 

If it is their intention to appeal, which you should insist on establishing before answering any questions at all, you may inform them that you have no intention of aiding them in their intentions.

If you do not yet have a full statement of reasons you could tell them so and that you are unable to answer any further questions on the subject until you get such a statement.

[antone]

The DWP does have the right to appeal Tribunal decisions, although it doesn't do so all that often. It certainly won't appeal over a recommendation of 24 months until the next assessment because if it doesn't like that recommendation it is free to simply ignore it - something which it does all the time.