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Appeal Questions
- JPM2016
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6 years 10 months ago #190458 by JPM2016
Appeal Questions was created by JPM2016
I have am due to have my appeal in the next few weeks and have a couple of questions regarding the tribunal hearing.
I understand the Judge at the tribunal hearing will look at all the case paperwork in advance of the tribunal. Will the medical expert who is there to assist the Judge also get the opportunity to look at the case paperwork, and my evidence in advance of the tribunal hearing?
Secondly, I understand from reading some of the guides on this website that the medical expert who sits on the tribunal may also work for the DWP doing assessments. Is this not a conflict of interest?
I understand the Judge at the tribunal hearing will look at all the case paperwork in advance of the tribunal. Will the medical expert who is there to assist the Judge also get the opportunity to look at the case paperwork, and my evidence in advance of the tribunal hearing?
Secondly, I understand from reading some of the guides on this website that the medical expert who sits on the tribunal may also work for the DWP doing assessments. Is this not a conflict of interest?
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- Gordon
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6 years 10 months ago #190500 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Questions
Jonathan
All of the panel members will receive the paperwork and review it in advance of the hearing.
Whilst it is possible that the doctor could be employed by the Assessment Provider, it's actually unlikely and we have not seen anyone's appeal compromised if this was the case. As to it's being a conflict of interest, providing they execute their Tribunal responsibilities properly then I think you would struggle to show this.
Gordon
All of the panel members will receive the paperwork and review it in advance of the hearing.
Whilst it is possible that the doctor could be employed by the Assessment Provider, it's actually unlikely and we have not seen anyone's appeal compromised if this was the case. As to it's being a conflict of interest, providing they execute their Tribunal responsibilities properly then I think you would struggle to show this.
Gordon
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- JPM2016
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6 years 10 months ago #190513 by JPM2016
Replied by JPM2016 on topic Appeal Questions
In the event that my appeal should go against me, what information should I request from the tribunal judge or the clerk to the tribunal?
Will the tribunal judge just give the decision or outline the reasons that lead to that decision?
Will the tribunal judge just give the decision or outline the reasons that lead to that decision?
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6 years 10 months ago #190541 by Gordon
You can ask the Judge to provide a Statement of Reasons and a Record of Proceedings either at the hearing or within one month of it, but only if the Decision is adverse.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Questions
Jonathan wrote: In the event that my appeal should go against me, what information should I request from the tribunal judge or the clerk to the tribunal?
Will the tribunal judge just give the decision or outline the reasons that lead to that decision?
You can ask the Judge to provide a Statement of Reasons and a Record of Proceedings either at the hearing or within one month of it, but only if the Decision is adverse.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JPM2016
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6 years 10 months ago #190771 by JPM2016
Replied by JPM2016 on topic Appeal Questions
The grounds for my appeal are that I am both unfit for work, and unfit for work related activity and should be placed into the support group under exceptional circumstances.
When the tribunal are considering whether I should be placed into the support group under exceptional circumstances, and effectively considered unfit for work related activity, are they considering my condition as at the date of my DWP medical assessment or day of the tribunal.
When the tribunal are considering whether I should be placed into the support group under exceptional circumstances, and effectively considered unfit for work related activity, are they considering my condition as at the date of my DWP medical assessment or day of the tribunal.
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6 years 10 months ago #190779 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Questions
Jonathan
It may just be the phraseology that you have used but I am concerned over your grounds for appeal.
Being unfit for work is not an ESA criteria, nor is being unfit for WRA.
The Exceptional Circumstances are about the risk of harm to the claimant if they are asked to work (WRAG) or asked to undertake WRA (SG).
If this is what you meant then no problem although you should be careful of your terminology, if not then you really need to go back to the ESA Claim guides, in particular the one for mental health issues.
Gordon
It may just be the phraseology that you have used but I am concerned over your grounds for appeal.
Being unfit for work is not an ESA criteria, nor is being unfit for WRA.
The Exceptional Circumstances are about the risk of harm to the claimant if they are asked to work (WRAG) or asked to undertake WRA (SG).
If this is what you meant then no problem although you should be careful of your terminology, if not then you really need to go back to the ESA Claim guides, in particular the one for mental health issues.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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