Jump to content

kahlo

Registered Users

Change your profile picture
  • Posts

    60
  • Joined

  • Last visited

Reputation

1 Neutral
  1. hi there , i am helping a friend appeal to tribunal for ESA after a mandatory reconsideration. appealing being put into WRAG group. which form should we use.. it isnt clear from the mandatory reconsideration notice is it the SSCS1 or a GL24 appeal request needs to be in the post this afternoon..so prompt reply would be much appreciated
  2. how long would the DWP take to return a score sheet, statement of reason and The Atos Healthcare report ? not sure of timing that appeal needs to be made, and worried they may take to long to return the information. do they have a deadline in which to process the Subject access request ?
  3. thanks jut found that... i had a decrease in esa whilst appealing thing going on in my head but i realise now what the score is . what is the process now for mandatory re-consideration , and requesting the score sheet and statement of reasons and registering an appeal, thats changed hasnt it ? is it best to do a SARS?
  4. Hi I am posting with some questions for a friend of mine whom sufffers from mental health issues (anxiety panic attack, nausea, vomiting, depression) background she has just received notification of being placed in the WRAG group- contribution based ( migrated from IB). she is keen to get some support/advise re testing herself out for possible work WHEN she is well enough and is stuggling with coming to terms with admitting how ill she is. I believe she should be in the support group, as her mental health is such that she cannot reliably commit to work related interviews without risking exacerbation of her symptoms. ( i dont think she meets support group "descriptors" for mental health- but exceptional Circumstances Regulations -regulation 35 should apply "a “serious” or “substantial” risk of harm is likely, should the person be found to be capable of work-related activity" she wants support to get better and return to work but it would be better for her to be in the support group and voluntarily attending work related activity would be far more suitable than the pressure of WRAG group with the threat of sanctions hanging over her head when she inevitably is not well enough to attend. she is weighing up if she is well enough emotionally to consider an appeal wrag to support questions IF she was to ask for a mandatory reconsideration ( asking for scoresheet, statement of reasons and sends in letter from doctor and counsellor) and states Reg 35 as reason for consideration of support group) and the reconsideration response was to keep her in the WRAG group :- 1. what is the process now for mandatory recconsideration , and requesting the score sheet and statement of reasons and registering an appeal ....i vaguely recall some change since i went through this 2.would her money be dropped if she decided to appeal? 3. would she have to persue the appeal process or could she stop there? ( with the money at esa wrag contributions rate or would that be dropped) 3. many thanks in advance
  5. or if you can get evidence to support regulation 35 , substantial risk of harm to patients if they were to be found ‘fit for work’ or to have ‘limited capability for work’ and placed in the Work-Related Activity Group (WRAG). Only the DWP is aware that these regulations can be applied. The vast majority of GPs remain ignorant of them. MrMinaj13..have a read through this http://http://blacktrianglecampaign.org/2012/11/21/important-black-triangle-dpac-regs-29-35-campaign-failed-your-dwpatos-wca-intend-to-appeal-download-these-documents-for-your-gp/
  6. Hi there, I hope I am asking this question in the correct section (Admins please change if not) Can someone help me understand section 147 employment rights act 1996 ( in plain english) with regards to what it says about "initiating rights " to claiming redundancy. my partner's job role as been made redundant. There is an interim post on the table ( not very appealing) and also a "voluntary" redundancy package ( which is basically the minimum redundancy package) on the table. My partner is wanting to understand the mortgage protection cover she has in regards to the above "voluntary" redundancy package. The exclusion policy states.... you will not receive monthly benefit for unemployment in the following circumstances: unemployment caused by or resulting from: ii) any wilful act by you;or iii) resignation or voluntary unemployment- for the avoidance of doubt this shall exclude voluntary redundancy where you initiated your right to claim redundancy under section 147 of the Employment Rights Act 1996 time is of the essence as a decision will need to be made early next week.. and this information will have a bearing on the decison Many thanks in advance,
  7. thanks Estellyn the first hearing was adjourned to allow the panel to read the large volume of paperwork ( ie the triplicate submission!) before the second hearing. At the second they still hadn't recognized that this was the case. I am hoping that this hasn't put me at a disdvantage
  8. could someone tell me how the "tribunal bundle "papers are handled. Also, what would have happened when i sent my submission...who copies it tribunal clerk at Sutton or tribunal clerk at the local court? I sent ( in triplicate - one for each member of the tribunal) It would appear that these were copied in their entirety and included in each member of the tribunals appeal bundles in preparation for both previous Tribunal dates. That is the only way i can possibly see that could have the number of papers that they state in the decision notice . This may explain the underlying feeling of frustration at the volume of papers that i picked up on- but the panel didn't appear to notice that they had triplicate information .. and it only crossed my mind that this may have happened when i got the decision notice stating the number of pages that differed from mine . I rang straight after the adjourned hearing and requested that they therefore ensured that the papers provided to the next Tribunal only include one copy of all the relevant documents. Stating that in order for the next Tribunal to give my case due consideration I do not want the panel to be considering an appeal bundle which has triplicate papers within it. there were also two highly relevant pages pages from my original DLA application missing from the bundle that Tribunal had in front of them .. which was then photocopied at the hearing and I have requested that these be inserted into the tribunal bundle in the appropriate place . Is there anything further i should consider doing to ensure that the the next tribunal gets papers that are easy to follow and allow me to have a fair hearing? In addition , my hearing was adjourned for more evidence from the GP. when the GP has created these and sent them back I assume they will be added to the "tribunal bundle" and i will receive a copy. will these medical notes be numbered in continuation or will the whole bundle be renumbered and will i get another copy of the whole thing? I ask because I will need to keep track of the cross referencing that i have made my hearing was adjourned for more evidence from the GP. when the GP has created these and sent them back I assume they will be added to the "tribunal bundle" and i will receive a copy. will these medical notes be numbered in continuation or will the whole bundle be renumbered and will i get another copy of the whole thing? I ask because I will need to keep track of the cross referencing that i have made. many thanks
  9. My DLA tribunal has been adjourned (for the 2nd time) and I am trying to get my head round the possible outcomes and the Tribunals powers . I believe that the tribunal has a responsibility to look into both components , care and mobility if something is apparent in the case. i wont go into the detail but i have two conditions... and on the basis of an appalling :-xATOS medical i was awarded high care and I was appealing no award for care The EMP report ( it has many omissions, inaccuracies and states things that do not in any way reflect the examination, which i addressed in my submission) only gives detailed information on one of my disabling conditions and the report seems to reject one of my long standing conditions and several others , the one that causes me most of my mobility problems and care needs have discounted . I assume the EMP's justification for this was the documenting of no problems in the physical examination of this particular area ( despite there not actually being physically examined- I state this in my submission) I have sent medical reports from my consultants and specialist nurses with my original claim and in my submission . The tribunal has now requested a GP printout of electronic records and any reports or letters on file. saying that my neurologist report contradicts the EMP report . what I am trying to get my head round is that, I imagine that the ATOS report is now under doubt by the Tribunal , due to these many omissions, inaccuracies that i have highlighted . The EMP's justification for high mobility was on the wrong thing..something that does cause me diffculties with mobility but in combination with the other condition that he has incorrectly failed to report on ( and showed a reluctance to listen to during the appointment). The problems i have with the other condition alone meets the criteria for high component.. but it is arguable that the symptom of the other condition that the EMP has put forward would justify the high mobility award.( of course i never experience this symptom in isolation. Obviously this impacts on the appeal of non award of care! Which looks a bit precarious on the basis of the EMP report ,unless the condition that the EMP ruled out is ruled back together with other symptoms that the EMP has omitted to document correctly. what could happen? 1. Does the tribunal have the power to keep the award of high mobility, but award it on having taken into consideration the condition that the EMP has (incorrecty/falsely) ruled out ? 2.Can the tribunal lower the award that has already been awarded without it going back to the DWP? 3.Does the appeal panel give more credence to consultants/gp and specialist rather than ATOS emp reports? 4. is it possible they are needing more information to over throw the EMP report?
  10. hi there, my dla appeal was adjourned. quick summary..I was awarded high mobility and NO care .- I appealed the care component sent a submission , which provided additional evidence and highlighted many omissions and inaccuracies in the EMP medial report the EMP disregarded one of my main disabling conditions (spinal problem ) and only focused on Multiple sclerosis... ) - The EMP reported that i have full lumbar function and stated that I was able to do certain movements on examination ( when I refused to do them as what he was asking me to do I know to cause me excruciating pain which I highlighted I sent the submission recorded signed for -6 days before the hearing (unfortunately the bank holiday lost me a day) I was in an acute episode and was bed ridden /unable to get into the car to attend the hearing, so despite the lower success rate I requested a paper hearing.( I am totally exhausted by the whole thing) I received decision notice stating that "appeal adjourned for an oral hearing with a time of 2 slots- because the Tribunal were presented on the day with the submission ...no alternative but to adjourn the case, by which tie the Tribunal will have had the opportunity to read the additional information. The appellant is strongly recommended to attend on the net occasion) Admittedly there were quite a few pages . ( it is such a pain that we are not able to sent them directly to the Court rather than them having to be sent half way round the country to then come back to the local court) My questions are.. 1)the noted judge and members from the original tribunal are not excluded from further involvement in the appeal . Three people one i assume being a judge, one titled as a DR and one other?? . Who would they be and will they likely be the same people next time? If there are three..would one of those be from the DWP? 2)"appeal adjourned for an oral hearing with a time of 2 slots" If I am able to physically get there, I am severely limited in the amount of time I am able to sit/be vertical/concentrate due to pain and extreme MS fatigue. what kind of duration is a 2 slot likely to involve? 3) I mention in my submission the omissions and inconsistencies with the EMP medical exam report...Do they do physical examinations at a tribunal? 4) I am concerned that the inaccuracies/omissions in the EMP report that I highlighted in my submission will trigger the tribunal to review the Mobility component - I remember reading somewhere that if the tribunal go on to review the awarded mobility component as well as the appealed care component then I will be informed of this...will i be told of this in advance or at the hearing? 5) unfortuantely the electronic copy of the submission I sent has been corrupted will I be sent a new bundle of documents ( including the submission) prior to the new hearing? Phew! I was able to access my copy after all.
  11. I have been waiting for the statement of reasons and the EMP report...but it has not yet arrived and i need to send back my GL24 today. Before i do i have a couple of questions i would be grateful for some help with. 1)I remember sending a covering letter for my ESA appeal which said something like " There may be additional grounds on which I wish to appeal once I have seen the papers. Please do not ask me to give further details of my grounds for appeal at this stage as I will not be able to do so until I have been provided with more information about how the decision was reached and had the opportunity to get further independent advice and support. If you wish to contact me about this matter please do so in writing. I do not wish to receive any telephone calls as I have significant cognitive difficulties which have been medically assessed that make it difficult for me to concentrate and consider welfare benefits too complex to be discussed over the phone. Under no circumstances will I withdraw my appeal verbally; any suggestion that I have done so will be mistaken. I will submit any further evidence as soon as it becomes available." I was hoping to have a bit more info from the paperwork i requested ,but have not received before i sent the GL24 back...should i send a similar covering letter and on the GL24 form be brief about appealing decision that i do not have any care needs,without explaining in any detail the needs i do have? I also wanted to know how securely i got the high mobility, but having not received the EMP report yet i dont have any clues about that. 2) can I withdraw an appeal if i want to later ? many thanks
  12. thank you.. if i ask for the statement of reasons, will i get the EMP report aswell? i have considerable cognitive difficulties and wouldnt want to get in to a conversation about the why i think the decision is incorrect at this point. I need to get help to write it down rather than try to communicate it verbally at this stage
  13. Hi there, after a home visit medical I was awarded high mobility and NO care. I cannot understand how they have decided that I have not been awarded care component. I am thinking i should appeal, but i have several questions. the letter says that i can write or phone within 1 month of date of letter. (I have about 10 days left) and that if since receiving this letter we have sent you a written statement of reasons for our decision you have at least an extra 14 days to make your appeal. How do you get a written statement of reasons? .. In the award letter it does say having considered all the information i have decided the following ( and incorrectly lists not needing help to prepare a meal, lists day attention areas not needed. and not needing night attention more than once or for 20 mins or more a night).... is this the statement of reasons? How do you get to see what was written in the EMP report as i cannot see how the difficulties i stated ( i recorded the medical for my own memory) would result in a NO care award. when I appealed my ESA , i didnt request a review and went straight to asking for an appeal ( as the review is done automatically)... and I waited for the tribunal pack before preparing a submission is the same for DLA? I will probably have some more questions , but right now i need to know how to proceed . many thanks in advance
  14. At what point do you/can you get to see the EMP report?
×
×
  • Create New...