Help required with my appeal to Tribunal.

I will send it off straight away, thanks again bro58.
Meleri

Hi M,

The 24 month recommendation from the Tribunal before you are reassessed, is only a recommendation, and has no legal standing.

In other words, The DWP can choose to reassess you before that time.

You should also take into account that as the Tribunal decision remakes the original adverse decision, that as far as The DWP and the law is concerned, you will now have been in The SG for the 10 months that you have been awaiting an appeal hearing.

bro58

I had a feeling it was to good to be true. Your last comment regarding as far as the DWP are concerned I will now have been in the SG for 10 months. The Tribunal has stated "Department not to re assess the appellant within 24 months of today's date" So does that mean that also has no legal standing?
Meleri

Meleri wrote: I had a feeling it was to good to be true. Your last comment regarding as far as the DWP are concerned I will now have been in the SG for 10 months. The Tribunal has stated "Department not to re assess the appellant within 24 months of today's date" So does that mean that also has no legal standing?
Meleri

Hi M,

I am afraid so.

These Tribunal recommendations were instigated to try and stop revolving door appeals.

If you look at it from a legal viewpoint, the maximum possible period between reassessments is 3 years, therefore if the DWP were to abide by the recommendations, the period in between reassessments could exceed that.

You also have the scenario where such a Tribunal recommendation could favour a claimant who had appealed, above one that had received an award and not had to appeal.

We have heard from members, where a reassessment was instigated before the Tribunal's recommendation, and they complained to their M.P. and the reassessment was cancelled.

However, I don't think that would be the case if the total length of the award exceeded the maximum 3 years.

As you have legally only been in The SG for 10 months thus far, there is a chance that they may abide by the 2 year recommendation, as this would not exceed the 3 years.

I am afraid that you will have to wait and see.

Of course, you could write to The DWP, and ask when your next reassessment date is, and whether they intend to abide by the Tribunal's recommendation.

If necessary, you could try involving your M.P.

bro58