Forced to look for work despite having med cert

Stu77 wrote:

Thankyou Gordon,

Makes me wonder how many points I did get. Could I have gotten more with the other difficulties I have this time, considering I had a 'better' assessor than the one I had previously? I remember from my last appeal I requested the assessor's notes from the assessment, and received them along with a report of where I scored the points. But I recently read something somewhere about requesting this now would adversely affect my appeal. Is that true or should I go ahead and request those before I appeal ?

Stu.

As I understand it from your previous posts, your current award was the result of a successful appeal.

This being the case, the Decision notice from that appeal should have identified the points you scored, however, once the panel had reached a total of 15 points they are not obliged to continue, so it is possible that you would have scored more.

Unfortunately, you can only request a more detailed Statement of Reasons within one month of the Decision, so I believe you are now to late to do so.

To explain the risk, to you or anybody else reading your thread, requesting a SoR from the appeal Judge is the first stage in making an further appeal to the Upper Tribunal, when the request is made, the SoR is sent to both the claimant and the DWP, opening the opportunity for them to contest the Decision, where before they were prepared to allow the Decision to stand. Appeals to the Upper Tribunal can only be made on the basis of an Error of Law having occurred in the original proceedings.

Gordon

Stu77 wrote:

Thanks for that clarification Gordon.

I won my appeal without going to tribunal last time. I'm guessing that an appeal from WRAG to SG would much more likely incur such a hearing. This really scares me.

Stu.

So was the Decision made by the DWP? If so then there may be documentation, in particular, an LT54 that documents the points you were awarded, you should be able to request this from the DWP without problem.

Also, in your original post you said you were waiting on the result of a third assessment, if this is the case, then you need to wait for the new Decision before you can plan where to go next with your claim.

Gordon