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paulb1310

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About paulb1310

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  1. I have attended two assessments and on both occasions the question asked was "how minutes can you walk for". Bear in mind that the average person walks 100m in a minute then surely you are doomed to failure if you say just 1 minute?
  2. You should ask for a Direction from a Judge that the Respondent (i.e. the PIP people) are barred from taking any further part in the proceedings. Usually does the trick!
  3. Couple of questions ... was the form blank or completed when you signed it? Do you have an appeal against the decision still waiting to be looked at?
  4. Is this not a Regulation 29 argument? In that "the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work."
  5. Regarding the "incomplete" ESA50 you could try this: Commissioner Howellin CIB/14442/96 (*/97) - at paragraph 15 the Commissioner says: “I do not think that a Tribunal should regard the scope oftheir enquiries as circumscribed by the boxes claimants may or may not haveticked at an earlier stage on the long and very complicated forms they are nowexpected to fill out.”
  6. Hi all Don't know if this Upper Tribunal decision is of interest? CJSA/2428/2012 says: " 7. In this case the claimant denied having received any notice from theJobcentre until one was enclosed with Mr Sheppard’s reply to hiscomplaint. In giving permission toappeal I asked whether there was any evidence that a notice envisaged byregulation 73(2A)(b) had ever been given or sent to the claimant andspecifically whether Ms Porter, writing on behalf ofIngeus UK Ltd, not Jobcentre Plus or the DWP, was an “employmentofficer” for this purpose. 8. In reply,
  7. I too know of your condition and have assisted with successful claims for DLA for people with the condition so it is possible.
  8. Regulation 3(2) of the ESA (WRA) Regs2011, seems to exempt carers from Work Related Activities Requirement to undertake work-relatedactivity 3.—(1) The Secretary of State may require a person who satisfies therequirements in paragraph (2) to undertake work-related activity(a) as acondition of continuing to be entitled to the full amount of employment andsupport allowance payable to that person. (2) The requirements referred to in paragraph (1) are that the person– (a) is required to take part in, or has taken part in, one or more work-focusedinterviews pursuant to regulation 54 of
  9. Just to pick up on the point about lack of support from the GP .. both DLA and AA are "self assessment" benefits and the decision maker's own guides tell them not to place too much emphasis on what is or isn't in a report from a GP. The best a GP can do is confirm diagnosis and what they have seen e.g. you struggling to get up from the chair or the way you walked in the surgery. My GP would have no idea if I could cook a meal or not, we've never discussed it and he's not invited himself round for tea yet! And as for problems during the night .. well the wife might object if I ask my GP to shar
  10. Did anyone witness this? I would strongly urge you to complain as such behavious is atrocious.
  11. Hmm not as cut and dried as I thought. Okay get on to the Tribunals Service and request a statement of reasons and a record of proceedings. Then try to get some advice .. you would be looking for someone to help you find grounds (that means reasons) to review the Tribunal decision or appeal to the Upper Tribunal. It sounds worse than it is but the Upper Tribunal look for mistakes in law with the Tribunal and not just a dispute about the facts.
  12. Before a Tribunal can remove an award they must warn you and ensure that you are aware that they might remove the award that you have. They should offer you the chance to withdraw the appeal. If they did not do this it would probably be seen as an error in law giving you possible grounds to go further.
  13. "With the national 'IB(IS) Reassessment exercise' due to commence from 28 February 2011, the DWP has provided an update on the almost 1,700 claimants who have already started having their benefit reassessed as part of a trial that has been taking place in Aberdeen and Burnley since October 2010. In new guidance issued to local authority housing benefit departments, the DWP advises that - 'As of 27 January 2011, the IB/IS Reassessment customer journey has commenced for 1693 of the 1700 customers; with a small number of customers opting to withdraw from the reassessment exercise and cease
  14. I think the situation can be summarised like this .. at first you were not treated as a couple. Your wife claimed HB as a Single person and your income was ignored. Now you are being treated as a couple so your income is combined and may be over the threshhold for HB. That sound right? As for being treated as a couple - it depends on how the household is set up. Do you share the bills? Eat together?
  15. Here's another little gem I've found ... The Association of British Insurers (ABI) is in talks with the government about the private sector taking responsibility for the provision of welfare benefits. Nick Kirwan , assistant director at the ABI, said the trade body is exploring the possibility of life companies providing incapacity benefit and jobseeker’s allowance. ‘We are engaged with the government and the Department for Work and Pensions (DWP) and Treasury officials over models and viability,’ he said.’
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