Info from DWP re: appeal

[Past caring]

My husband has been placed once again in WRAG group at renewal; however we were not notified of this decision until the JCP advisor rang, and she told us it was for 2 years this time. We requested all of the information held from DWP, upon reading through they state my husband was assessed at a medical - but he has never had one for ESA! Even the JCP lady thinks he should be in Support Group, she advised him to appeal and it was a real shock to see what has been written. So my question is, where do we go from here? Do I add this further information to his appeal or do I keep this back in case its needed at a tribunal?

 

Many thanks

[**Margaret**]

:Past caring:

 

'...... where do we go from here?'

 

It's not clear from what you've written what's happened so far. Is '...... all of the information held ......' their statement of reasons for the decision? Does it include an ESA85A report? Has your husband asked Jobcentreplus to 'look at their decision again', or made a formal written appeal via letter or a GL24 form?

 

CAG's guide to appeals should help you to understand the appeals procedure;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

Far from unusual for Atos/Jobcentreplus to find non existent face to face assessments and Med 3 (unfit) notes. They're very good at losing medical evidence as well.

 

If your husband hasn't already submitted a formal written appeal he can use the non existent face to face assessment to discredit Jobcentreplus evidence, and it should certainly be mentioned in a tribunal submission. But its more important to identify, and evidence, the support group criteria you believe he meets.

 

Sincerely, Margaret.

[Past caring]

My husband was again placed in the ESA WRAG group for a further 2 years. We have appealed this decison but today received a letter saying the original decision still stands as no further evidence was submitted and all details have now been passed to Tribunal. However the appeals letter we put in did contain other evidence and the reasons why we feel he should be in the Support Group. We know this was received as it was sent signed for delivery. But all of these details have been omitted from the details sent to the Tribunals and have not been taken into account when looking at the decision again. Whats my position now? I have no idea how I can get my husband to the tribunal as he wont answer the door or phone, let alone travel 90 miles to a tribunal in front of strangers. Can anyone make any suggestions as to my next move please.

[IainHL]

From my understanding of the process what will happen next is that HMCTS will send you (well your husband) a letter about the tribunal. This will possibly be about 2-3 weeks after the DWP have passed your appeal onto them. Part of this letter from HMCTS will include a form for you to return, and part of this form is whether you want to attend the tribunal in person to present your case, or let it consider the evidence on paper. Since you say you will not be able to get your husband to travel to the tribunal you would indicate on the form that you want them to consider the evidence on paper, and submit with it your complete summary of the case.

 

(And yes, the DWP do seem to be quite capable of ignoring other evidence contained in your appeal letter to them, and stating in their evidence to the tribunal that there wasn't any.)

[abc123def]

When the DWP say no new evidence has been submitted, they mean 'new' as is nothing they didn't know from the ESA50 and the important bit is they don't feel they should change their minds so not to worry about that. You can send in your additional evidence to the Tribunal service when you submit your stuff to them. You can either submit your appeal on paper only, the statistics show that very few people succeed that way though so that is not recommended or your husband could give his permission for you to attend on his behalf which at least means the panel can ask you questions and you can answer (I've gone to a tribunal on someone else's behalf before and that appeal was allowed) or your husband could go with you supporting him. If he goes, that gives the best chance of success, statistics show, as the panel can hear from him how he is affected by his illness or disability.

[45002]

My husband was again placed in the ESA WRAG group for a further 2 years. We have appealed this decison but today received a letter saying the original decision still stands as no further evidence was submitted and all details have now been passed to Tribunal. However the appeals letter we put in did contain other evidence and the reasons why we feel he should be in the Support Group. We know this was received as it was sent signed for delivery. But all of these details have been omitted from the details sent to the Tribunals and have not been taken into account when looking at the decision again. Whats my position now? I have no idea how I can get my husband to the tribunal as he wont answer the door or phone, let alone travel 90 miles to a tribunal in front of strangers. Can anyone make any suggestions as to my next move please.

Your asked the same back in August 2013 http://www.consumeractiongroup.co.uk/forum/showthread.php?400881-Info-from-DWP-re-appeal

 

+ http://www.consumeractiongroup.co.uk/forum/showthread.php?391505-contribs-based-ESA-ended

[Past caring]

Yes but that was at the first instance when he was placed in the Wrag group again. We appealed and have now been turned down at appeal, hence the new question regarding the witholding of the additional evidence.

[estellyn]

Send the evidence yourself to the Tribunal Service, and if you are going the route of a paper appeal, make sure you prepare a thorough submission, with evidence on how your husband meets both WRAG and the appropriate support group descriptor, exemption, or reg 29/35.

[Past caring]

Thanks all, at least it seems like I will have chance for the additional evidence to be seen atTribunal, that was my biggest concern that only that sent by DWP would be considered.

[**Margaret**]

:Past caring:

 

Somewhere between the Tatos mail addresses and the decision makers' in trays there's a gynormous black hole that swallows up all the supportive evidence we attach to ESA50s and GL24s. Then Mr Hoban and Ms McVey bleat (there's no other word for it) that claimants withhold evidence until the tribunal stage!!! For which the translation's; sub-standard assessments (even by Tatos standards, with or without a face to face), rubber stamped by decision makers, and they'll leave the Tribunals Service to sort the fall out!!! This time last year a friend of mine had a partially upheld complaint against Tatos but Jobcentreplus still wouldn't revise.

 

www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-Information

 

The above link is CAG's guide to appeals. Pages 10 - 12 and 25 - 27 of the 6th link in #1, outline the criteria for an award of employment n support allowance with the support component.

 

To prepare a written submission to the tribunal head up blank sheets of A4/word docs with each descriptor you and your husband believe he meets, then write paragraphs to explain why, with reference to your extra supportive evidence. :honeybee13:'s template was written to rebutt an ESA85 (usually more detailed than an 85A) but it's still got useful suggestions for how to word a submission.

 

Sincerely, Margaret.

Edited September 21, 2013 by **Margaret**

[Past caring]

Thankyou for that, much appreciated

[ims21]

Two threads merged