DWP have overridden Tribunal decision

Leeeeesa

Hello my name is Liz am 64 and I've got RA/Sjogies/SBAM hands are a mess and have not been able to work for several years now due to pain.  

Now in a situation whereby the clerical workers at the DWP have over ridden a decision made by a Judge and a Doctor at a Tribunal which has left me feeling very fearful indeed - has anyone else come across this yet

Ami2301

Hi @Leeeeesa welcome to the community!

Sorry to hear what has happened. @BenefitsTrainingCo, @poppy123456 and @mikehughescq, could you offer any advice to Liz?

Leeeeesa

What scares me the most is that we are rapidly becoming a country where the decisions of judges and doctors are over ridden by government clerical workers and no-one seems to give a damn.  

Oh well back to the drawing board another form to fill in, another interview to attend and one more appeal hearing.  Hopefully by the time I've got through all that lot it will be time for me to retire.  What makes me sick is I spent time in the armed forces and when I was young worked at 2 jobs and paid tax on both of them :''''''''''''-(   - be so glad when my time is finally up. 

mikehughescq

This sounds like a misunderstanding. How long ago was the tribunal decision; which benefit and what do you think it said? 

Leeeeesa

Hello Mike

Thank you for your response. 

The tribunal decision was from 2 years from the date of their letter which is dated 23rd December 2016.  The benefit is ESA and it says 

"The Tribunal recommends that the Dept does not reassess Ms Gardner within 24 months from today's date"

I received a letter on the 23rd October and they are starting the process all over again.  Wouldn't mind but I'm 64 

Regards 

Liz

poppy123456

They can reassess you at anytime for ESA. The Tribunal stated a recommendation that you weren't reassessed for 2 years, that doesn't mean you can't be anytime before that date.

Leeeeesa

Hello Poppy

Thank you - oh well at least now I know.  Its interesting though how they just seem to pick on 'certain people' - haven't heard of this happening before apart from to me of course - I do feel that I am being 'victimised' - I'm nearly 65, health is shocking and I'm just too old and dispirited for all this and don't think that I can go through the whole interview/appeal thing again - anyway thank for your help. 

Leeeeesa

Hello Poppy

Its just me again.  Don't you find it rather worrying that DWP clerical workers have the power to override decisions made by Judges and Doctors - I don't think that this bodes very well for the future.  All very worrying :-(

Leeeeesa

Hello Poppy

Sorry its me again (sorry taken too many cocodamol) and what is also very worrying is that no-one seems to be speaking about this little issue.  

poppy123456

It's always worrying when it's reassessment time yes. The decision by the Tribunal was for the last time you were assessed and won't have any affect on this re-assessment. The form will need to be filled in and returned with all your evidence no later than the date stated on the letter, otherwise you could be found fit for work for failing to return the form. Good luck.

Leeeeesa

Yes I know that what I am saying is that they sent me the reassessment form prior to the time recommended by the judge - the judge recommended that I be left alone for two years - I haven't had my two years - and its a very worrying that a stupid clerical worker has more power than judges and doctors. When a judge and doctor say one thing and a clerical worker at the DWP can just over turn that decision at their will.    When the words of judge and doctors no longer have any power or authority what sort of a country will it be - glad I'm old and have only got a few years left. 

poppy123456

It was a recommendation. They can reassess you at anytime.

Topkitten

If a date is given for reassessment then they will always start the process early in order to make a decision by that date. Due to the process now taking such a long time they are bound to start things very early indeed. The stupidity of a government official designing a process with no experience of the problems involved in either the process or what is being assessed is responsible. That's why PIP is such a mess.

TK

poppy123456

Topkitten said:

If a date is given for reassessment then they will always start the process early in order to make a decision by that date. Due to the process now taking such a long time they are bound to start things very early indeed. The stupidity of a government official designing a process with no experience of the problems involved in either the process or what is being assessed is responsible. That's why PIP is such a mess.

TK

That's not correct for ESA, which is what this thread is about. They can re-assess you at anytime and the time they give you is just a guide. You can be re-assessed before or after that date.

Leeeeesa

Hello Topkitten

Yes its all very distressing and I'm really not in the mood for another ESA interview and then of course putting together another appeal.  Like yourself I'm in my mid-60's and can't quite understand why they don't try and find work for all these young people I see out-and-about every day - really starting to wonder what the DWP's agenda is :-(

mikehughescq

This is not a case of DWP overriding a tribunal decision. The tribunal decision was about capability for work. Their statement recommending the length until the next assessment is just that - a recommendation. It has no legal weight at all.

Has this been moved to the right forum yet?