Home visit & new ruling on dwp not taking previous

Hi

My MP is writing and my GP to say I must have a home visit, yet capita tell my partner have to keep the existing one an hour away and just keep phoning up every day to see if a home visit has been 'found' so far nothing. What happens if we get to the existing appointment and still no home visit available, is there no way of making them confirm that I will get a home visit? Should I complain to dwp and capita? The uncertainty is really not helping me calm down.

The other thing is that someone has told me there was a new UT ruling preventing the dwp from reducing or ending a claim on review without taking into account previous decision and fact that tribunal gave me until April 2018 not 18 months ago. You have already said I can not challenge their decision to ignore the FACT that my condition has not changed, but if the new HP assessor does what the last one did and basically fantasies about my amazing health - I wish - and reduce or stop my award surely I can use this UT ruling to challenge at that point without going to tribunal again? Or is it all just part of a MR? Where do I find the details of these kinds of caselaws and how do I actually utilise them?

Thank you.

I don't understand, surely they have to demonstrate they have a reason for changing your award, some evidence, and if you weren't believed before by a HP but a tribunal of more qualified people did believe you, isn't that an important fact, otherwise it follows that if the dwp wanted to they could ignore every tribunal ruling ever made and in effect stop paying out any money to any disabled people in the whole country?? If they can just ignore every legal protection at whim then why are they paying any of us when we all know the government would ideally pay zero in any benefits?

Whether or not you are right, does it not make sense to use these case laws in the MR, why wait until you are at tribunal, why not argue the law at that stage? Is the MR not charged with considering the criteria, the application of the law, and the health evidence?

I still don't understand how your health can be deemed one thing by a tribunal but then rendered meaningless just becuase the dwp and capita decide to ignore the tribunal findings? That would be like being found not guilty by a court, but the Home Secretary decides to stick you in prison anyway. Why are they allowed to do this? How do they get away with it again and again? I don't understand.

Ps you have t answered my question about how I can access these caselaws, or how to use apply them?

"Decision Makers are shielded from this and will only operate within limits set by those who manage the DWP guidance." could you please explain what this actually means?

The thing is, that if they cut your award short by a year every time your award is only actually two years at a time rather than every three years and you have to undergo more assessments than you would if they reviewed within a more reasonable time frame. By the time my review has been assessed and completed from their point of view I will be losing 8 months of entitlement, especially if they do what I expect, which is stop it or cut it because their position to start with was there was nothing wrong with me. I realise this is a dispassionate POV for you, but after all you read here and on so many other sites I find it hard that you seem to take the position that there is no government plan to purge as many of us as possible from what we are entitled to. To have had to fight tooth and nail, to be called a liar by a HP and to then be back at square one is deeply distressing, and exhausting and I'll making. Instead of getting on with my work, becuase I am luck enough to be able to do something from home and I choose to do that rather than go through the same process of interrogation and accusation for esa, I am spending the few hours a day I have when I am not in bed fighting for my rights. How can that be right? Don't answer that. It's fine, but for me part of being supported is about being understood and empathised with. I find it all a bit clinical.