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Help required with my appeal to Tribunal.
- Meleri
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11 years 11 months ago - 11 years 10 months ago #107322 by Meleri
Help required with my appeal to Tribunal. was created by Meleri
I have my appeal hearing next Monday so am having a last minute read through and sorting the paperwork. I have come across a paragraph made by the Decision Maker under the heading The Response and it states " Should the tribunal find that Ms ???????does have limited capability for work I respectfully request that they determine whether she had limited capability for work-related activity. If they determine that there is insufficient evidence, the tribunal is requested to refer the case to the Decision Maker for determination".
I don't understand this statement, could someone please explain what he means as I thought it was the Tribunal that made the decision on the day?
I don't understand this statement, could someone please explain what he means as I thought it was the Tribunal that made the decision on the day?
Last edit: 11 years 10 months ago by bro58. Reason: Tick.
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- Gordon
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11 years 11 months ago #107326 by Gordon
Limited Capability for Work Related Activity applies to the Support Group.
Quite why the DM has included this request I do not know, if the Tribunal does not believe there is sufficient information, then they will seek it usually through a medical.
I do not know of any circumstances in which the Tribunal panel will not make a Decision and they certainly will not refer the case back to the DWP for them to make one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help required with my appeal to Tribunal.
Meleri wrote: I have my appeal hearing next Monday so am having a last minute read through and sorting the paperwork. I have come across a paragraph made by the Decision Maker under the heading The Response and it states " Should the tribunal find that Ms ???????does have limited capability for work I respectfully request that they determine whether she had limited capability for work-related activity. If they determine that there is insufficient evidence, the tribunal is requested to refer the case to the Decision Maker for determination".
I don't understand this statement, could someone please explain what he means as I thought it was the Tribunal that made the decision on the day?
Limited Capability for Work Related Activity applies to the Support Group.
Quite why the DM has included this request I do not know, if the Tribunal does not believe there is sufficient information, then they will seek it usually through a medical.
I do not know of any circumstances in which the Tribunal panel will not make a Decision and they certainly will not refer the case back to the DWP for them to make one.
Gordon
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- slugsta
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11 years 10 months ago #107335 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Help required with my appeal to Tribunal.
My friend also had this paragraph on her appeal paperwork, we weren't sure what to make of it either! It certainly was not mentioned by the tribunal panel on the day the appeal was heard.
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- scratchgolfer
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11 years 10 months ago - 11 years 10 months ago #107340 by scratchgolfer
Replied by scratchgolfer on topic Help required with my appeal to Tribunal.
With reference to "Should the tribunal find that Ms ???????does have limited capability for work I respectfully request that they determine whether she had limited capability for work-related activity. If they determine that there is insufficient evidence, the tribunal is requested to refer the case to the Decision Maker for determination".
We had exactly the same comments stated on the appeal papers. when winning the appeal the tribunal stated "the appellant is entitled to employment and support allowance (ESA) with the work related activity component.
So i interprete that the tribunal place you in the WRAG, then it is still up to the decision maker as to whether you are placed in the income related, the contribution based or in the support group
Scratch golfer
We had exactly the same comments stated on the appeal papers. when winning the appeal the tribunal stated "the appellant is entitled to employment and support allowance (ESA) with the work related activity component.
So i interprete that the tribunal place you in the WRAG, then it is still up to the decision maker as to whether you are placed in the income related, the contribution based or in the support group
Scratch golfer
Last edit: 11 years 10 months ago by Gordon.
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- Meleri
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11 years 10 months ago - 11 years 10 months ago #107342 by Meleri
Replied by Meleri on topic Help required with my appeal to Tribunal.
Thank you for your reply Gordon. I have read this paragraph over and over again and couldn't quite
believe what he had written.
One more thing you may be able to help me with if you could please. This morning I received a letter from The Jobcentre telling me my benefit ends this September, in order to receive National Insurance contributions I may be required to provide medical evidence and attend Work Capability Assessments. If my appeal fails on Monday will I have to attend these assessments straight away?
believe what he had written.
One more thing you may be able to help me with if you could please. This morning I received a letter from The Jobcentre telling me my benefit ends this September, in order to receive National Insurance contributions I may be required to provide medical evidence and attend Work Capability Assessments. If my appeal fails on Monday will I have to attend these assessments straight away?
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago #107343 by Gordon
I am afraid that this is not the case.
Whether you are placed on Contribution Based ESA is entirely dependant on your NI Contribution history.
Whether you are placed on Income Related ESA depends on entirely on your income, assets and savings and any hours that a partner works.
A Tribunal re-makes the original Decision, there is no opportunity for the DWP to re-visit it after the hearing. If the panel does not place the claimant in the Support Group, then the DWP cannot do so, except by way of an appeal to the Upper Tribunal, which for obvious reasons, they would not do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help required with my appeal to Tribunal.
sratchgolfer wrote: With reference to "Should the tribunal find that Ms ???????does have limited capability for work I respectfully request that they determine whether she had limited capability for work-related activity. If they determine that there is insufficient evidence, the tribunal is requested to refer the case to the Decision Maker for determination".
We had exactly the same comments stated on the appeal papers. when winning the appeal the tribunal stated "the appellant is entitled to employment and support allowance (ESA) with the work related activity component.
So i interprete that the tribunal place you in the WRAG, then it is still up to the decision maker as to whether you are placed in the income related, the contribution based or in the support group
Scratch golfer
I am afraid that this is not the case.
Whether you are placed on Contribution Based ESA is entirely dependant on your NI Contribution history.
Whether you are placed on Income Related ESA depends on entirely on your income, assets and savings and any hours that a partner works.
A Tribunal re-makes the original Decision, there is no opportunity for the DWP to re-visit it after the hearing. If the panel does not place the claimant in the Support Group, then the DWP cannot do so, except by way of an appeal to the Upper Tribunal, which for obvious reasons, they would not do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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