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Thread: DWP oppose appeal - advice please

  1. #1

    DWP oppose appeal - advice please

    Today (Mon 27 Mar 2017) I received the bundle from DWP with regards to my appeal (taking my claim to Tribunal).

    DWP have argued against the evidence from social services, consultant, carers which I provided to the court by stating it is old and/or contrary to the assessor`s report. Further to this, DWP are relying on what the assessor claims I said or was observed doing during the assessment.

    Further to this, in the response to the courts, DWP wrote "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of State`s decision".

    I am concerned about this. Can and do the Tribunal dismiss cases on such submissions by DWP?

    Since sending in my appeal, I have assembled further evidence to show that the assessor incorrectly reported the affect which me having to wear an urostomy bag has on my abilities and day-to-day life, which I referred to in my request for reconsideration but was ignored by DM in MR; the assessor omitted relevant comments and observations; the assessor contradicted herself with regards to my abilities and, if the DM had noted these, would have seen that these are relevant and supportive of my claim.

    I want the chance to personally present my case to the Tribunal but am concerned that in light of the DWP opposition to the appeal that I may not be given the chance.

    Thanks for any help or advice

    Steve

  2. #2
    brightonbelle
    Guest
    steve don't worry

    its a bog standard phrase they always use...just part of the legal terminology.
    no, the tribunal cant just dismiss because the DWP say it.

    http://www.benefitsandwork.co.uk/for...d=10&id=113450


    The whole point of the tribunal is because the claimant disagrees with the DWP findings. So of course the DWP are going to disagree with the claimants view/evidence. For what its worth, tribunal judges are well used to the assessment reports not adequately reflecting the claimants limitations. The whole point of a tribunal is to "look again" at the pip form, the medical and other evidence and hear the persons oral evidence so they make up their own mind.

    your case will go ahead. At the most, the tribunal may request more recent evidence (if available) relevant to the time of making the claim/assessment to clarify any disputed areas. If there isn't the evidence, then they will obtain it from you verbally, by asking more specific clarification type of questions.

    chill

    BB
    Last edited by brightonbelle; 03-27-2017 at 11:45 AM.

  3. #3
    Thanks for your reply brightonbelle
    I know about the tactics which assessors and DWP use and am aware that some claimants have been scared off applying for MR or going to Tribunal. I am fairly strong willed and not one who easily gives in and have, where possible, advised others to continue, even though it it can be a long stressful process.
    Having said that, I was not aware at how low DWP would stoop (sure, they might try and defend their own decision, but to write such comments to the legal profession is nothing more than a "scare tactic" in my opinion and yes did worry me that I wouldnt have a chance to present evidence and to highlight what was wrong in the decision based on the assessor`s report.
    Can you, or anyone please also advise me if I am allowed to take the manager of the care company who submitted written evidence to the court which the DWP dismiss? I ask this because if she was allowed to attend and speak she could disprove the suggestions made by DWP in their response to the appeal?
    Thanks again, this has made me feel positive again.
    Steve

  4. #4
    brightonbelle
    Guest
    steve,

    Try not to take it personally, its not a tactic they use to scare claimants. Its due legal process to show that they dispute a claim, and the basis of their argument (its always going to be that they view their evidence - the assessment report - as being more reliable and recent evidence).

    yes you can have a witness. Enclosing a link that explains things (forms have to filled in etc) look at "what happens after you appeal"

    https://www.citizensadvice.org.uk/be...efit-decision/

    BB
    Last edited by brightonbelle; 03-27-2017 at 12:54 PM.

  5. #5
    Thanks again, brightonbelle.
    I wasnt taking it personally, just expressing my opinion - even though I now see this is the legal process.
    Thank you also for the links which are very helpful.
    It is good to find help and advice here.

  6. #6
    Senior Member
    Join Date
    Feb 2017
    Location
    West Midlands
    Posts
    283
    I'm waiting for my "bundle" for appeal process, so I presume mine will sag same. At least I know what to expect after seeing your post Steve

  7. #7
    Hi Steve 49 , I have received the DWP appeal response today 358 pages of it and yes they oppose it so I too wanted answers , I wrote all the inaccuries down , the untruth of the HCP and downright lies and have shown their mistake . I am scared of going through with this appeal but at the same time they must be held responsible for their awful ways of their decisions .
    Have you had the appeal yet and if so did you win ?

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