× Members

Conversion Process Appeals..is it lawful ?

More
12 years 3 weeks ago - 12 years 3 weeks ago #84644 by nixart
I found Crazydiamonds case on the lawfullness of the 'conversion decision' and wondered IF anybody has tried that submission yet and with what results ?

I found the ESA appeal guide extremely helpful thank you !! and have a few questions...

1. I'am hoping to represent an ill man but he will be coming with me..will I be able to take most questions on his behalf ? (notification was given that a representative will be used) And can I question the Doctor present ?

2. My friend did a poor job of his ESA50 and told them virtually nothing about his condition (or indeed at the medical)..can I simply correct the record with supporting circumstancial evidence and witness statements ?

3. The conversion decision was made with no opinion or submission of ANY kind from my friends Doctor (accept and INDEFINITE sick note)..How can I BEST use this omission ?


Thanks for all doing a fabulous Job !!!!
Last edit: 12 years 3 weeks ago by slugsta.

Please Log in or Create an account to join the conversation.

More
12 years 3 weeks ago #84652 by Gordon
nixart

I'm not aware of anyone on B&W or RightsNet where the suggestion originally came from, that have successfully argued this at appeal.

I need to urge caution with regard to your helping your friend at their appeal.

Whilst it is perfectly reasonable to have someone represent you at appeal, the Tribunal may make assumptions if you are seen as Representing the claimant.

1. You may be allowed to answer on behalf of the claimant if there is good reason why they cannot do so for themselves, but if this is not the case it is more likely that the panel will want to hear the claimants own words.

The Doctor is a member of the Tribunal panel, not the ATOS "doctor" who carried out the medical.

2. Yes you can, but these should be submitted to the Tribunal at least two weeks before the hearing to ensure that they are included. Whilst it is possible to introduce new written evidence on the day of the hearing, Tribunals on the whole, prefer for this not to happen.

3. It is reasonable to question why the DWP did not contact the GP for additional evidence, however, this presumes that their doing so would have had a significant impact on the decision. If you are not presenting such evidence at the Tribunal, if may be difficult to convince the panel that this was the case.

Gordon

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

Please Log in or Create an account to join the conversation.

More
12 years 2 weeks ago #84790 by nixart
Thank you..that was very helpful.

You said....

"I need to urge caution with regard to your helping your friend at their appeal.

Whilst it is perfectly reasonable to have someone represent you at appeal, the Tribunal may make assumptions if you are seen as Representing the claimant."

I should have explained that my friend is unlikely to help his own case and has emotionally avoided the whole case.

Can you kindly tell me what negative assumptions the Tribunal may come to if I represent him ?

His closed friends feel he should be represented and Iam concerned that I will not get the opportunity to explain the new evidence I have submitted in advance. My friend is in no way familiar with this evidence.

Lastly..amongst many other issues he suffers CHRONIC Alcolism. Do I/he bite the bullett and acknowledge that drinking alone incapaciates his mind and body on most days. (Alcolism is still seen as a disease I believe..despite possible prejudices ???)

Thank you !!

Please Log in or Create an account to join the conversation.

More
12 years 2 weeks ago #84792 by Gordon
nixart

You just need to make sure that you are not seen as a trained Welfare Rights officer. :)

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.