DWP response to my appeal.

Benistmonk
Benistmonk Community Member Posts: 341 Empowering
in Employment & Support Allowance (ESA)
Just got the response to my appeal from the DWP. 262 pages of it. Secretary of State's Response. Section 3: The Decision. WCA Disallowance. Physical assessment. 

Page 4 Paragraph 6, pack of lies. Page 5 Paragraph 3, pack of lies. Of course it is fair to assume I could perform those specific physical tasks, the point is, I was not asked to perform any of the tasks listed by the HCP. 

I am not sure what options I have or how to refute these lies, if anyone knows anything about the law regarding this, please let me know. I am sure I am going to find more lies before I am finished reading.

Comments

  • CockneyRebel
    CockneyRebel Community Member Posts: 5,188 Championing
    I assume this is the bundle of evidence that the DWP used to make a decision and you are now awaiting tribunal date.
    The best thing you can do is to seek trained advice from CAB, Law centre or welfare rights in your area are try to get representation at your appeal.
    It is not unususl for the reports to be at odds with reality but you should concentrate on proving that you meet the criteria for an award and which descriptors apply, using exaples of what happened last time you attemped each activity. Trying to disprove the " lies " will not help your case and wil take away from you making a strong case
  • Benistmonk
    Benistmonk Community Member Posts: 341 Empowering
    Cheers CockneyRebel, yes, that's the bundle of evidence I am talking about.

    It is not easy getting any help these days, except for the name, the CAB has practically become trading standards, so they do not have much time to help people like they used to. I was thinking of getting a solicitor, but because there is no legal aid any more, solicitors who deal with benefits are very hard to find, and if you do find one, they can be very expensive.

    I'll have a look online for Law centres and welfare rights near me.

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