Hi Spud,
write the GMC and ask them what the restrictions are. Do they contradict her role on that panel?
Also go and seek legal advice. You really need to do this asp.
Good luck.
Hi Spud,
write the GMC and ask them what the restrictions are. Do they contradict her role on that panel?
Also go and seek legal advice. You really need to do this asp.
Good luck.
You can re-apply for ESA as more than six months has passed since you failed the medical.Originally Posted by spudmonkey
As long as six months has passed since you failed the medical, you can make a new ESA claim. Please note, the six month period is not from the date you lost at the Appeal Tribunal it IS from the date of your last medical that you failed.Regulation 30, the employment and support allowance regulations 2008.
Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made30.—(1) A claimant is, if the conditions set out in paragraph (2) are met, to be treated as having limited capability for work until such time as it is determined—
(a)whether or not the claimant has limited capability for work;
(b)whether or not the claimant is to be treated as having limited capability for work otherwise than in accordance with this regulation; or
(c)whether the claimant falls to be treated as not having limited capability for work in accordance with regulation 22 (failure to provide information in relation to limited capability for work) or 23 (failure to attend a medical examination to determine limited capability for work).
(2) The conditions are—
(a)that the claimant provides evidence of limited capability for work in accordance with the Medical Evidence Regulations; and
(b)that it has not, within the 6 months preceding the date of claim, been determined, in relation to the claimant’s entitlement to any benefit, allowance or advantage which is dependent on the claimant having limited capability for work, that the claimant does not have limited capability for work or is to be treated as not having limited capability for work under regulation 22 or 23 unless—
(i)the claimant is suffering from some specific disease or bodily or mental disablement from which the claimant was not suffering at the time of that determination;
(ii)a disease or bodily or mental disablement from which the claimant was suffering at the time of that determination has significantly worsened; or
(iii)in the case of a claimant who was treated as not having limited capability for work under regulation 22 (failure to provide information), the claimant has since provided the information requested under that regulation.
(3) Paragraph (2)(b) does not apply where a claimant has made and is pursuing an appeal against a decision that embodies a determination that the claimant does not have limited capability for work and that appeal has not yet been determined by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998(1).
So ring and make a new claim.
Thanks Duncan.My assessment was in December 2011 and on the notice from the tribunal the date they have quoted the decision as being made was 22 dec 2011 so that will take me into the 6 months passed period you have told me about.The restrictions that were placed upon the GP at the GMC hearing included 1.you will not work in single-handed general medical practice as a principal 2.you will not undertake any form of/or renumerated work as a general practitioner at night time outside normal surgery hours 3. That such renumerated work as you may undertake at weekends involving the provision of medical services will not be undertaken on more than one weekend per calendar month.
The panel also stated that she will keep to those undertakings for an indefinite period.The panel considered that it is not only in the public interest but also her own to keep to the undertakings for the rest of her working life.
I rang the DWP this morning and a claim form is being sent to me for a fresh claim for ESA...Thanx Duncan for the advise.
Thanx Cornwall for advice.I have quoted the restrictions in the reply i made to Duncans post.Not sure whether or not they contradict her role on a DWP Tribunal but will seek advice from welfare rights within next few days as to how i proceed.Appreciate peoples advice on here and support.
Just found out also that the Judge who headed my tribunal has been up before the SRA (Solicitors regulation authority) and was found proven against him that he had misrepresented clients in an industrial disease case involving miners and their relatives.He was found guilty of not working in the best interest of his clients and ended up having to pay back a total of 105 clients £185,000 back in fees they should never have paid!!! So that is my tribunal GP and Judge who have been up before case hearings for misconduct in their own professions!
why do you think people do dwp work ? any good at there job and they would me making money else where I would not be shocked if many drs and legal members had skeletons in the cupboard
go look at the manchester sight of GMC and see the very long lists of drs being done for this and that same for solicitors
Just a quick note on the WCA. The LIMA computer system is designed specifically for yes or no answers and loaded against the claimant. The questions they ask are trick questions designed to be extrapolated. For example, if they were to ask 'do you have a dog?' and you answered 'yes' no further info is needed. It is then assumed you are fit and able to look after the dog and take it for walks. You have just failed. Or 'do you watch Eastenders?' A 'yes' is then confirmation that you can remain seated for at least 30 minutes without problem. There are boxes for extended answers so always give full details and ensure the HCP correctly notes all you are saying. You can, of course, now have your WCA recorded. But be prepared to be fobbed off for months before a recorder can be found! ...
EDIT: It ain't no medical! It is a Work Capability Assessment.
Last edited by RaeUK; 09-13-2012 at 05:52 PM.
I'm beginning to think it isn't a Work Capability Assessment either. People put in the Support Group can still undertake permitted work hours , up to 16 seems to ring a bell. Was also alloed with Incapacity Benefit.
It's whether someone meets a new set of legal 'descriptors' which decides whether they're awarded enough points to be awarded ESA or not and which group they're placed in. And think everyone would agree some of the descriptors and their interpretation have been deliberately made as difficult as possible to meet.
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