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DWP have overridden Tribunal decision

LeeeeesaLeeeeesa Member Posts: 8 Listener
edited October 2018 in PIP, DLA and AA
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

Replies

  • Ami2301Ami2301 Community Co-Production Group Posts: 7,616 Disability Gamechanger
    Hi @Leeeeesa welcome to the community!

    Sorry to hear what has happened. @BenefitsTrainingCo, @poppy123456 and @mikehughescq, could you offer any advice to Liz?
    Disability Gamechanger - 2019
  • LeeeeesaLeeeeesa Member Posts: 8 Listener
    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. 
  • mikehughescqmikehughescq Member Posts: 6,249 Disability Gamechanger
    This sounds like a misunderstanding. How long ago was the tribunal decision; which benefit and what do you think it said? 
  • LeeeeesaLeeeeesa Member Posts: 8 Listener
    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
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • LeeeeesaLeeeeesa Member Posts: 8 Listener
    edited October 2018
    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. 

  • LeeeeesaLeeeeesa Member Posts: 8 Listener
    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 :-(
  • LeeeeesaLeeeeesa Member Posts: 8 Listener
    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.  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • LeeeeesaLeeeeesa Member Posts: 8 Listener
    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. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It was a recommendation. They can reassess you at anytime.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    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
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • LeeeeesaLeeeeesa Member Posts: 8 Listener
    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 :-(
  • mikehughescqmikehughescq Member Posts: 6,249 Disability Gamechanger
    edited October 2018
    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?
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