Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Over 80,000 claimants and professionals subscribe to the UK's leading source of benefits news.

 
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC:

Correction of Claimant's Mistake 7 years 6 months ago #97713

Hi,

I am currently appealing against a FFW decision, following my reassessment for migration from IB to ESA. As a local authority service user, I am fortunate to have been able to avail myself of the services of the council's Senior Benefits Advice Officer, who has agreed to act on my behalf during the appeal process and to accompany me to any tribunal, if required. Having scrutinised my ESA50 and ESA85 documents, the aforesaid officer has concluded that I have contributed to my dilemma by grossly overestiimating the distance I can mobilise before having to stop. I appreciate that you are unable to advise on individual cases, so I shall go into no further detail in this regard, other than to say that I scored only 12 points at the assessment. Along with a supporting letter from my GP, the officer has written to the DWP, submitting documentary evidence as to the nature and magnitude of my mistake. She has assured me that my error is not "insurmountable" and is confident that the decision can be overturned.

I was wondering whether any other forum users/moderators have any experience of a decision being revised following an honest and genuine mistake by a claimant, as opposed to one made by the DWP? I realise that the latter is a common occurrence, but I am unaware of the frequency of the former and would be interested in any feedback from the forum in this regard.

Thank you.

Please Log in or Create an account to join the conversation.

Last edit: by Gordon.

Correction of Claimant's Mistake 7 years 6 months ago #97717

Spridgett wrote: Hi,

I am currently appealing against a FFW decision, following my reassessment for migration from IB to ESA. As a local authority service user, I am fortunate to have been able to avail myself of the services of the council's Senior Benefits Advice Officer, who has agreed to act on my behalf during the appeal process and to accompany me to any tribunal, if required. Having scrutinised my ESA50 and ESA85 documents, the aforesaid officer has concluded that I have contributed to my dilemma by grossly overestiimating the distance I can mobilise before having to stop. I appreciate that you are unable to advise on individual cases, so I shall go into no further detail in this regard, other than to say that I scored only 12 points at the assessment. Along with a supporting letter from my GP, the officer has written to the DWP, submitting documentary evidence as to the nature and magnitude of my mistake. She has assured me that my error is not "insurmountable" and is confident that the decision can be overturned.

I was wondering whether any other forum users/moderators have any experience of a decision being revised following an honest and genuine mistake by a claimant, as opposed to one made by the DWP? I realise that the latter is a common occurrence, but I am unaware of the frequency of the former and would be interested in any feedback from the forum in this regard.

Thank you.


I cannot recall an example where the claimant has over estimated the distance they can walk, but have seen claimants misunderstanding that significant discomfort or exhaustion can limit the distance, or that they should be assessed on the basis of how they are for the majority of the time.

To be honest, much of it is down to why you made the original mistake and how you go about explaining it, a further factor would be the evidence available to support your new assertions.

Maybe some of the members have direct experience of this, and can comment.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.

Correction of Claimant's Mistake 7 years 6 months ago #97719

Well DWP Decision Makers often make miscalculations similar to those described by Sprdiget, and they are allowed to correct mistakes at the stroke of a pen, so on the grounds 'natural justice' i.e.
fair play at work, I can see no reason why claimants should not be allowed to do the same.

Please Log in or Create an account to join the conversation.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: GordonGaryBIS