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Asking a DM to look again after going to appeal
- davbam
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11 years 2 months ago - 11 years 2 months ago #98637 by davbam
Asking a DM to look again after going to appeal was created by davbam
I noticed on a few posts that the DWP often revisit the decision regarding the allocated group for ESA i.e. SG or WRAG, after an appeal has been submitted and just before the appeal hearing. This is in addition to the review they did when the appeal was first submitted.
When we originally submitted an appeal for my wife, we did not have time to prepare a full submission, so we sent a one page sheet with the main points of her condition, including the fact that my wife cannot self propel her wheelchair more than a few meters without significant pain and discomfort and cannot walk unaided over any distance as she can fall. In addition she cannot get in and out of her wheelchair unaided.
Our GP has never seen my wife as we only moved recently and stated that in the form he completed. However, we also see a pain specialist for a regular medication review and we have now obtained a report from him which confirms the above re the mobilisation. We also provided a full medical history over the last 15 years including various reports from specialist consultants, neurologists etc, detailing my wife’s condition. All of this has been sent to the tribunal.
My wife is getting too stressed out by the thought of having to go to the tribunal and she is in enough pain at the moment without having to wait up to 4 months for a hearing etc. So I decided to write to the DWP and ask for the new papers to be passed to the DM for a further review. I hope I have not done something wrong, but we really are at the end of our wits with this whole issue and need a resolution as soon as possible.
When we originally submitted an appeal for my wife, we did not have time to prepare a full submission, so we sent a one page sheet with the main points of her condition, including the fact that my wife cannot self propel her wheelchair more than a few meters without significant pain and discomfort and cannot walk unaided over any distance as she can fall. In addition she cannot get in and out of her wheelchair unaided.
Our GP has never seen my wife as we only moved recently and stated that in the form he completed. However, we also see a pain specialist for a regular medication review and we have now obtained a report from him which confirms the above re the mobilisation. We also provided a full medical history over the last 15 years including various reports from specialist consultants, neurologists etc, detailing my wife’s condition. All of this has been sent to the tribunal.
My wife is getting too stressed out by the thought of having to go to the tribunal and she is in enough pain at the moment without having to wait up to 4 months for a hearing etc. So I decided to write to the DWP and ask for the new papers to be passed to the DM for a further review. I hope I have not done something wrong, but we really are at the end of our wits with this whole issue and need a resolution as soon as possible.
Last edit: 11 years 2 months ago by Gordon.
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11 years 2 months ago #98647 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Asking a DM to look again after going to appeal
Boo
There is no harm in asking the DM to look at the evidence again, although it is unlikely that it will change the decision, unless it is very significant and undermines the original Decison.
DM's should look at all evidence that is submitted for an appeal, but I am afraid in the majority of cases it is no more than an acknowledgement that it has been sent.
There is no reason why you should not provide a more detailed submission and evidence to the Tribunal, indeed it is very likely to be to your advantage.
It is not clear from your post whether you have asked for an Oral appeal, where you attend, or an Paper hearing, where you do not. If you do want to make information available to the Tribunal you need to make sure it is with them at least two weeks before an Oral hearing is heard, and within one month of the appeal date for a Paper hearing, although it may be possible to submit it later, but as you are not informed of the date of a Paper hearing, it is possible for it not to be included.
With regard to the DWP re-visiting a claim just before the hearing. A limited number of DWP regions were trialling a system where they placing a DWP Decision Maker and ATOS doctor at a Tribunal venue (yes this is very dodgy, but they maintain they had no contact with the panels), these were reviewing the cases to be heard a couple of days in advance, and if they thought that the cases, as presented to the Tribunal so usually extra evidence, can be revised in the claimants favour then they were doing so and lapsing the appeal.
I am not sure whether they are still doing this, we still hear of appeals being decided before the claimant has left home, but this is most likely because the Tribunal members have decided for the claimant based on the papers they have before them, and see no need for a hearing.
Good luck with the appeal.
Gordon
There is no harm in asking the DM to look at the evidence again, although it is unlikely that it will change the decision, unless it is very significant and undermines the original Decison.
DM's should look at all evidence that is submitted for an appeal, but I am afraid in the majority of cases it is no more than an acknowledgement that it has been sent.
There is no reason why you should not provide a more detailed submission and evidence to the Tribunal, indeed it is very likely to be to your advantage.
It is not clear from your post whether you have asked for an Oral appeal, where you attend, or an Paper hearing, where you do not. If you do want to make information available to the Tribunal you need to make sure it is with them at least two weeks before an Oral hearing is heard, and within one month of the appeal date for a Paper hearing, although it may be possible to submit it later, but as you are not informed of the date of a Paper hearing, it is possible for it not to be included.
With regard to the DWP re-visiting a claim just before the hearing. A limited number of DWP regions were trialling a system where they placing a DWP Decision Maker and ATOS doctor at a Tribunal venue (yes this is very dodgy, but they maintain they had no contact with the panels), these were reviewing the cases to be heard a couple of days in advance, and if they thought that the cases, as presented to the Tribunal so usually extra evidence, can be revised in the claimants favour then they were doing so and lapsing the appeal.
I am not sure whether they are still doing this, we still hear of appeals being decided before the claimant has left home, but this is most likely because the Tribunal members have decided for the claimant based on the papers they have before them, and see no need for a hearing.
Good luck with the appeal.
Gordon
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- davbam
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11 years 2 months ago #98652 by davbam
Replied by davbam on topic Asking a DM to look again after going to appeal
Okay thanks very much Gordon.
The new information we sent was significant in that before we sent it, the only information the DWP had was the ESA50 my wife completed and the basically blank GPs form with the words "never seen". So before they only had my wife's word that she cannot mobilise the 50 metres, now we have a medical opinion that states the same and a full medical history with supporting evidence, which also confirms the points we are making about leg weakness and spinal and nerve problems.
We did not have all this information at the outset and had to obtain copy reports etc, so we could not send it with the original appeal.
Anyway, I really hope they will reconsider, as we have opted for an oral hearing and it is not going to do my wife any good having that hanging over her for the 12-16 weeks that we have been informed is the current waiting period.
I will let you know if this works.
The new information we sent was significant in that before we sent it, the only information the DWP had was the ESA50 my wife completed and the basically blank GPs form with the words "never seen". So before they only had my wife's word that she cannot mobilise the 50 metres, now we have a medical opinion that states the same and a full medical history with supporting evidence, which also confirms the points we are making about leg weakness and spinal and nerve problems.
We did not have all this information at the outset and had to obtain copy reports etc, so we could not send it with the original appeal.
Anyway, I really hope they will reconsider, as we have opted for an oral hearing and it is not going to do my wife any good having that hanging over her for the 12-16 weeks that we have been informed is the current waiting period.
I will let you know if this works.
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11 years 2 months ago #98656 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Asking a DM to look again after going to appeal
They can seem intimidating, and I'll not hide the fact that sometimes they are, but often they are not as bad as you may of heard, but in either case, your wife will bear the brunt of the questioning.
Best of luck
Gordon
Best of luck
Gordon
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