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UC turned down, appeal questions

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5 months 4 days ago #266781 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Thank you, I was unclear on this, as in the guidance it says that they can still refuse to let you withdraw the appeal if they want to. So, does this never happen in practice, and they will always let you withdraw the appeal if they give you warning? And , presumably, if they warn you, then you have next to no chance of winning anyway?

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5 months 4 days ago #266816 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi Gottabe

A Tribunal base their findings on facts, what is written in front of them and from what the claimant tells them on the day.

I have been to a number of Tribunals where the claimant has been warned at the beginning only to go on and get an award, so it does not mean that you have next to no chance of winning.

I would go over the assessment report very thoroughly with a highlighter, The Tribunal will use this report to base their findings on, so if anything is incorrect make a note of it and explain why it is incorrect.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 months 3 days ago #266842 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
I'm struggling to get hold of the new assessment report. When I phoned to ask for the first one, they told me to ask in the journal and it took a week before they acknowledged me there, so this time i thought thatI'd ask there first to get things going. Instead I was told that I had to phone the number on the letter because 'this is the process that they would like you to follow'. So I called UC, they sent me back to Assessment Services, who didn't have it. I then got another guy at UC who told me to ask in the journal, and when I said I'd done that, said that he'd pass it onto my case manager, who is...the guy in the journal who told me I had to go over the phone and could presumably have just dealt with it there and then. I was also told by the UC guy that I might have to make a right of access request, which felt very weird for something I was told in the MR notice that I had a right to have if I just asked for it. Are they always like this? It feels like the point is to make it awkward

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5 months 3 days ago #266843 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

You cannot request a copy of the assessors report until a decision has been made.

You should make the request via your Journal or contacting UC helpline 0800 328 9344/5644/5646.

If this fails then contact your MP for help but you should not need a freedom of information request.

The answer to your question is that they are not always like this, it boils down as to whom you get to speak to when you phone and what experience/training they have had.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 months 3 days ago #266855 by denby
Replied by denby on topic UC turned down, appeal questions
Hi GottaBe, what they have put you through makes my blood boil. Talk about circular buck passing and threats! If you have the energy left please put in a complaint, as no -one should EVER [yes shouting] be treated so nastily. And the very fact you are on here means you are more able to stand up for yourself than some poor souls who haven't even heard of B&W, can't afford even the amazingly low subscription, or are just really poor at coping. A complaint might just save such a person from having the same treatment dished out to them. It sounds like 'I Daniel Blake' all over.....
Very very best wishes and power to you,
Denby
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5 months 1 day ago #266916 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Thank you for yr support. Tbh I feel exhausted just from having to deal with them. Every time a new round of this stuff comes up it makes me feel more unwell and I just want to get thru each bit of it without bringing anything else down on me unnecessarily. My mum is very much of the opinion that I should make a fuss, but it isn't her who has to rake thru all the documents and stuff. I can barely muster the strength to carry on with the appeal, even tho I really don't think I've got a lot of choice.

DWP runs the way it does because they know it's a hassle for people who are already sick. The system is intrinsically dangerous and one can only conclude that it has remained so, and indeed deteriorated, over the last 10-15 years because that's what they want it to do. I could complain officially about the lies they told about me in the first assessor's report (and I did make it absolutely clear that I considered it extremely shabby and unprofessional in my response). But it's more work for me that I'm not well enough to deal with and, since it's common practice to for them to behave like that, I can't imagine that it would achieve anything. Presumably, they tell those lies because that's what's expected of them to start with.

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