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So confused after tribunal.
- Jude
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4 years 10 months ago #233171 by Jude
So confused after tribunal. was created by Jude
Hi there,
So confused and angry after finally having my tribunal today. Hoping someone can shed some light on things...
Potted history:
28 years on IB then ESA always support or equivalent.
Always previously gone into support on reg 35 danger to self or others on mental health grounds.
Sep 2016 placed in support group.
Sep 2018 moved to Wrag. MR refused stating reg 35 not met and why had I not appealed being placed in wrag in 2016.
Requested tribunal and provided proof I was in fact placed in the support group on 2016. Zero change in symptoms. Supporting letters from psychiatrist and her resident.
Tribunal today was with a female judge and Doctor. Very friendly to begin with but seemed to obsess over the fact I could complete the ridiculous work related element of the wrag. Despite the only thing I was actually asked to do in order to not be sanctioned was continue to go to my psychiatrist appointments.
They just did not seem to understand what I was trying to say. Which was, why am I suddenly not eligible for the support group despite the exact same illness as the last 28 years.
If you're still here you deserve a medal, thank you!
Does my rambling make any sense to anyone. Just so confused
So confused and angry after finally having my tribunal today. Hoping someone can shed some light on things...
Potted history:
28 years on IB then ESA always support or equivalent.
Always previously gone into support on reg 35 danger to self or others on mental health grounds.
Sep 2016 placed in support group.
Sep 2018 moved to Wrag. MR refused stating reg 35 not met and why had I not appealed being placed in wrag in 2016.
Requested tribunal and provided proof I was in fact placed in the support group on 2016. Zero change in symptoms. Supporting letters from psychiatrist and her resident.
Tribunal today was with a female judge and Doctor. Very friendly to begin with but seemed to obsess over the fact I could complete the ridiculous work related element of the wrag. Despite the only thing I was actually asked to do in order to not be sanctioned was continue to go to my psychiatrist appointments.
They just did not seem to understand what I was trying to say. Which was, why am I suddenly not eligible for the support group despite the exact same illness as the last 28 years.
If you're still here you deserve a medal, thank you!
Does my rambling make any sense to anyone. Just so confused
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- Gordon
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4 years 10 months ago #233172 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic So confused after tribunal.
Jude
From a previous post, you appear to have previously qualified for the SG via the Substantial Risk Regulations.
There are are two issues with this;
- First, there is no on-going assumption of disability for these Regulations, the claimant must show that they meet the requirements each time they are assessed, so the fact that you qualified through this route in 2016 did not mean that you still met when reassessed,
- Secondly, the DWP have revised their guidance in regard to Work Related Activity which is at the heart of qualifying for the SG via this route, this is undoubtedly why you were quizzed about your capabilities in this area.
You don't mention a Decision, I assume you were told that it will be posted to you, I'm afraid it may be the middle of the week before you hear.
Gordon
From a previous post, you appear to have previously qualified for the SG via the Substantial Risk Regulations.
There are are two issues with this;
- First, there is no on-going assumption of disability for these Regulations, the claimant must show that they meet the requirements each time they are assessed, so the fact that you qualified through this route in 2016 did not mean that you still met when reassessed,
- Secondly, the DWP have revised their guidance in regard to Work Related Activity which is at the heart of qualifying for the SG via this route, this is undoubtedly why you were quizzed about your capabilities in this area.
You don't mention a Decision, I assume you were told that it will be posted to you, I'm afraid it may be the middle of the week before you hear.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jude
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4 years 10 months ago #233173 by Jude
Replied by Jude on topic So confused after tribunal.
Thank you for the fast reply Gordon. I appreciate every assessment is different, just struggling with what changed on this occasion when clearly nothing had with me. Same obvious dangers...
Yes no decision given today which I take to mean "please wait a week for your refusal"
Thanks again
Jude
Yes no decision given today which I take to mean "please wait a week for your refusal"
Thanks again
Jude
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- Jude
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4 years 10 months ago #233189 by Jude
Replied by Jude on topic So confused after tribunal.
So wondering if I've missed some change in the criteria for reg 35?....
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- Gordon
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4 years 10 months ago #233192 by Gordon
I the broad sense there has been no change but an Upper Tier Tribunal Decision required the DWP to provide details of the sort of Work Related Activity that they would expect a claimant to be able to do. There's a list of these in the ESA Claim guides.
The DWP have also changed their guidance on the level of risk they would expect a claimant to have to meet the criteria, this is also covered in the guides.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic So confused after tribunal.
Jude wrote: So wondering if I've missed some change in the criteria for reg 35?....
I the broad sense there has been no change but an Upper Tier Tribunal Decision required the DWP to provide details of the sort of Work Related Activity that they would expect a claimant to be able to do. There's a list of these in the ESA Claim guides.
The DWP have also changed their guidance on the level of risk they would expect a claimant to have to meet the criteria, this is also covered in the guides.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 10 months ago #233205 by Jude
Replied by Jude on topic So confused after tribunal.
Well that was fast!
The appeal is refused.
Not at all surprised but still can't understand why especially having read the excellent guide (thanks Gordon)
I think the next step is to find a solicitor. Would that be correct does anyone know?
The appeal is refused.
Not at all surprised but still can't understand why especially having read the excellent guide (thanks Gordon)
I think the next step is to find a solicitor. Would that be correct does anyone know?
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