Tribunal letter

Carlosos

Got my letter from dwp stating that I can have some points (instead of 0) but not enough to reach any threshold. Me being cynical I think these meaningless points were given so they look more reasonable. That being said they took no notice of what I said and seemingly made there points up from thin air. 

The courts have ask i send in any further evidence but really there isn’t anything or anything to argue as my evidence hasn’t been refuted or acknowledged. 

I can send some more examples of difficulties with the 12 points but even the dwp fella said my examples are fine. Not sure if I need to send more? 

I’m finding it really hard not to go on the attack on dwp practices when I know I should be focussing on the 12 points. 

Advice would be appreciated. 

Carlosos

So just to be clear this was the dwp response to me requesting a tribunal. I’m now just waiting for the tribunal date. 

poppy123456

Whether more real world examples are needed will totally depend on what information you actually gave in those examples. 

Carlosos said:

I’m finding it really hard not to go on the attack on dwp practices when I know I should be focussing on the 12 points. 

That's not really something I'd ever advise anyone to do. What you need to do is concentrate on the weakness in your evidence, not the strength of theirs. 

Carlosos

poppy123456 said:

Whether more real world examples are needed will totally depend on what information you actually gave in those examples. 

Carlosos said:

I’m finding it really hard not to go on the attack on dwp practices when I know I should be focussing on the 12 points. 

That's not really something I'd ever advise anyone to do. What you need to do is concentrate on the weakness in your evidence, not the strength of theirs. 

I will stop myself from that it’s just hard as they have been so obtuse. 

I am not sure what my weaknesses are as they haven’t refuted or argued against any of my points or evidence. 

For example. I told them I can’t walk more than 20 meters. They called me to discuss everything and we discussed this further. I made clear that was my limit and the reasons why. On the response to my tribunal request they have upped it from 0 points to 4 as they have said I can walk between 50 meters and 200. There is no reason given for this. No arguing against my evidence that’s just what they have chosen. I am not sure how to argue against that as there is no info whatsoever. 

poppy123456

You don't need to argue against what they have said. You need to prove that you qualify for those points. 

Carlosos

poppy123456 said:

You don't need to argue against what they have said. You need to prove that you qualify for those points. 

I have but they haven’t said anything else back to my proof. I’ve said I can’t do something and they said I can with no reason. 

What am I supposed to say to that? 

poppy123456

You don't need to do or say anything. You just need to prove you qualify. If you've only recently requested the Tribunal then you'll very likely have a considerable wait so plenty of time to write your submission, if needed. 

Carlosos

poppy123456 said:

You don't need to do or say anything. You just need to prove you qualify. If you've only recently requested the Tribunal then you'll very likely have a considerable wait so plenty of time to write your submission, if needed. 

I appreciate your help but thats what I’m saying I’m 3 stages deep and now going to a tribunal and I have no clue if my evidence is sufficient. I meet the criteria as I’ve read the descriptors and understood what’s needed to meet them based on dwp “rules”. 

I know the answer and I think I’m just frustrated with how vague the responses have been from dwp. I guess it’s just the way it is. The answer is we arnt supposed to understand what it means, we are supposed to operate blind and leave it to dwp to decide. 

Because this is such a big deal to me and my family I really want to get it right. I just don’t know if I should respond with more examples of difficulty’s completing the 12 points or just leave it and answer the tribunals questions when I go. 

poppy123456

Most MR decisions don't change so that's not unusual because only 23% of decisions change in the claimants favour at that stage. 

There's more chance at Tribunal, providing you either appear in person or have a telephone/video hearing. Then there's a 68% chance of success. Paper based hearings are much less favourable and only about 5-8%.

You really need to put everything DWP have said or not said in this case to one side and concentrate on your evidence. This includes the real world examples. 

Please also be aware that the Tribunal will only take into consideration how your conditions were at the time the assessment took place. Any worsening of conditions since then will not be taken into consideration. 

Sorry, I can't advise whether you need more examples because I don't know what information you wrote in those examples. 

Carlosos

poppy123456 said:

Whether more real world examples are needed will totally depend on what information you actually gave in those examples. 

Carlosos said:

I’m finding it really hard not to go on the attack on dwp practices when I know I should be focussing on the 12 points. 

That's not really something I'd ever advise anyone to do. What you need to do is concentrate on the weakness in your evidence, not the strength of theirs. 

I know and I’ll stop myself doing it it’s just hard when they are so obtuse. 

I’m not really sure what my weaknesses are because they haven’t contradicted and argued with any evidence I’ve given they’ve just ignored it and put what they want with no justification. 

For example. Ive told them I can’t walk more than 20 meters and we discussed this during the telephone conversation. I know I gave no contradictory information to this but somehow they have put I can walk between 50 and 200 meters. There is no reason for this given in any of there evidence or letters, that’s just what they have chosen to put. I am not sure what I am supposed to say to that? 

Hannah_Alumni

Hello @Carlosos

I am so sorry to hear you have been in such a stressful situation with your claim. I see Poppy is giving great advice, I just wanted to check you have support around you? 

Carlosos

Hannah_Scope said:

Hello @Carlosos

I am so sorry to hear you have been in such a stressful situation with your claim. I see Poppy is giving great advice, I just wanted to check you have support around you? 

Hi Hannah. Yes I have my family Thankyou. Having health issues is tough enough but turning this experience into a battle is a pain. Poppys advice has benn really helpful.