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TOPIC: Dept for Children Schools and Families

Dept for Children Schools and Families 7 years 2 weeks ago #12886

Hi All
I am currently appealing against the cessation of my IB and am still waiting for the Decision Maker to decide if he/she is going to overturn the decision or go to Tribunal. In the meantime I was also trying to get my Teachers Pension Ill Health Retirement Pension. I was turned down twice by an ATOS Medical Doctor but won on 2nd Appeal to the Department for Children Schools and Families. Does anyone know if this decision could have a bearing on my IB Appeal? Should I send them a copy of the letter in the hope it might help? Obviously I know I will have to declare the pension income when I start to get it and know how much it is, but I wondered if it would help them to make a decision in my favour!
Thanks Wendy
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Re:Dept for Children Schools and Families 7 years 2 weeks ago #12893

Wendy
Cartmell wrote:
Hi All
I am currently appealing against the cessation of my IB and am still waiting for the Decision Maker to decide if he/she is going to overturn the decision or go to Tribunal. In the meantime I was also trying to get my Teachers Pension Ill Health Retirement Pension. I was turned down twice by an ATOS Medical Doctor but won on 2nd Appeal to the Department for Children Schools and Families. Does anyone know if this decision could have a bearing on my IB Appeal? Should I send them a copy of the letter in the hope it might help? Obviously I know I will have to declare the pension income when I start to get it and know how much it is, but I wondered if it would help them to make a decision in my favour!
Thanks Wendy

It would very much depend on the content of the letter and whether you consider it would have any bearing on your IB appeal?

If it is recent and covers the date upon which your IB was terminated, if you think it would help, then by all means send the letter to the DWP indicating which points may be relevant to the IB appeal? It may very well lead to a reconsideration if there is new evidence that the IB decision maker is satisfied would make a material difference to the outcome of the appeal, which would be advantageous to the appellant?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Dept for Children Schools and Families 7 years 2 weeks ago #13015

Thanks a lot for your comments. I now have the letter, which says:
"You have been assessed as being permanently incapable of continuing in the teaching profession. It is also considered that you are likely to be unable to undertake other gainful employment."
The Department reaached this decision on the same paperwork that I have submitted to the Decision Maker for my Incapacity Appeal. My only thought is that I don't want to affect the decision for my Teachers Pension if my IB appeal is turned down! I don't know if they could be linked in anyway?
I would appreciate any thoughts on this.
Many thanks Wendy
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Re:Dept for Children Schools and Families 7 years 2 weeks ago #13018

Hi Wendy,

Atos pop up everywhere, don't they?

Your eligibility for IB is based on the points system and other criteria set out in the guides.

It would be impossible to say whether your IB award could affect your retirement pension medical decision without knowing what the criteria for that are.

There would also be the issue of what grounds are required before your pension award could be looked at again. If you won on appeal, would there be any way of the other side getting the matter reopened even if they wanted to?

But I'm afraid it's not an issue about which we have any knowledge.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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