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Showing results for tags 'upper'.
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Article from the Guardian. The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled. The upper tribunal found it was wrong for the DWP to refuse claimants the right to appeal if they took more than a month to ask for a review of the benefit decision. https://www.theguardian.com/society/2017/aug/04/uk-judges-rule-dwp-wrong-to-deny-appeals-over-refused-benefits HB
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Hi, I'm a 60 year old man and have suffered severe depression for the past 14 years. During that time I have been investigated for benefit fraud about 6 times. On each occasion I was found to have done no wrong. During the past two years I have been accused of LTAHAW. Subjected to Crown Court prosecution etc. In January a Tribunal agreed that my landlady and I are not a couple. Reversed an IS decision and stated I was entitled to HB as a 'passported benefit'. The HB appeal was heard at the same time, but at the last minute the council asked that REG 9 be considered. This caused
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Press release by Public Law Project http://www.publiclawproject.org.uk/documents/press_release_WCA_assessment_discriminatory.pdf Case numbers http://www.osscsc.gov.uk/Decisions/forthcoming3JPs.htm DWP Twitter Response (who wasn't expecting this?) https://twitter.com/dwppressoffice Press coverage: http://mind.org.uk/news/show/8895_victory_for_welfare_campaigners_as_judges_rule_controversial_disability_benefits_procedure_is_unfair http://www.guardian.co.uk/society/2013/may/22/fitness-work-tests-mental-health-unfair http://www.bbc.co.uk/n
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http://www.osscsc.gov.uk/Aspx/view.aspx?id=3830 'Where,however, the disability analyst is a physiotherapist and the problems she is dealing with are mental health problems the opinion of the physiotherapist as to the conclusions to be drawn have no probative value whatsoever. This is because the physiotherapist has no professional expertise in mental health matters. Although the strict rules of evidence do not apply, a tribunal can only take into account evidence that has probative value' I can only express my surprise that in a case where the only issue was the ment
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Hi all In short, my Fibromyalgia wife got her 15 point at tribunal after failed WCA and put in WRAG group. We did request support group and had good reasons for this on Reg 35(b).The first tribunal's decision was that: "We cannot see, however, how being asked to attend the occasional job focused interview could constitute a serious risk to the appellant's physical or mental health" I replied to the first tier Tribunal to ask for a change of mind or permission to appeal to the Upper Tribunal. I included a supporting report from my GP who supported our view. Their statement of reasons
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