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Learning task query
- amseyb
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10 years 4 months ago #115020 by amseyb
Learning task query was created by amseyb
Dear all,
Firstly thanks for a great site. The information helped us get my wife from no award into WRAG. We believe she should be in the support group as she cannot learn a simple task such as setting a new alarm clock. She will be able to after 2-3 weeks and I argued that this did not constitute learning. The judge said that the criteria was cannot learn full stop, with no time constraint. This seems to contradict the WCA handbook which says if you cannot remember the next day, you have not learnt a task. Is this grounds for an appeal on an error of law? Has anyone had any similar success.
Welcome your thoughts. Concerned that appealing further may backfire.
Kind regards
Amseyb
Firstly thanks for a great site. The information helped us get my wife from no award into WRAG. We believe she should be in the support group as she cannot learn a simple task such as setting a new alarm clock. She will be able to after 2-3 weeks and I argued that this did not constitute learning. The judge said that the criteria was cannot learn full stop, with no time constraint. This seems to contradict the WCA handbook which says if you cannot remember the next day, you have not learnt a task. Is this grounds for an appeal on an error of law? Has anyone had any similar success.
Welcome your thoughts. Concerned that appealing further may backfire.
Kind regards
Amseyb
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- slugsta
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10 years 4 months ago #115021 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Learning task query
Before you can appeal citing an Error in Law you must first ask the Tribunal service for a Statement of Reasons. This must be done within a month of the Tribunal decision.
Tribunals – Requesting a Statement of Reasons
Be aware that DWP would also be sent the Statement of Reasons which would mean that they also had the right to ask for this decision to be set aside.
Tribunals – Requesting a Statement of Reasons
Be aware that DWP would also be sent the Statement of Reasons which would mean that they also had the right to ask for this decision to be set aside.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- amseyb
- Topic Author
10 years 4 months ago - 10 years 4 months ago #115022 by amseyb
Replied by amseyb on topic Learning task query
Thanks, aware of that, but just wondered if what I described as happening constitutes an error of law?
Last edit: 10 years 4 months ago by Gordon.
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- Gordon
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10 years 4 months ago #115024 by Gordon
Your argument has merit, but we cannot state with certainty that it constitutes an Error of Law.
The legal definition of the test, as written in the ESA Descriptors does not include any reference to time.
I have done a quick search and there appears to be no Case Law in regard to this Descriptor at all, let alone anything that qualifies it in the context of time.
The WCA Handbook is not a legal document and does not refine the definition of the ESA Descriptors.
You need to get face to face advice from an advisor with experience of Upper Tribunal cases.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Learning task query
amseyb wrote: Thanks, aware of that, but just wondered if what I described as happening constitutes an error of law?
Your argument has merit, but we cannot state with certainty that it constitutes an Error of Law.
The legal definition of the test, as written in the ESA Descriptors does not include any reference to time.
I have done a quick search and there appears to be no Case Law in regard to this Descriptor at all, let alone anything that qualifies it in the context of time.
The WCA Handbook is not a legal document and does not refine the definition of the ESA Descriptors.
You need to get face to face advice from an advisor with experience of Upper Tribunal cases.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- slugsta
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10 years 4 months ago #115026 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Learning task query
Thanks for your input Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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