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This is so wrong!
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11 years 10 months ago - 11 years 10 months ago #87752 by Barbarag
Replied by Barbarag on topic Re:This is so wrong!
Gordon,
I seem to recall reading on here somewhere on here that if you are transferred to the WRAG from the SG that the burden of proof is on the Decision maker to show why that decision should stand.
If I haven't imagined this, I would be grateful if you can provide me a link to this as I can't for the life of me find it.
My symptoms have worsened since my Tribunal last year and I satisfy the criteria for SG even under the new descriptors. Thanks in advance
I seem to recall reading on here somewhere on here that if you are transferred to the WRAG from the SG that the burden of proof is on the Decision maker to show why that decision should stand.
If I haven't imagined this, I would be grateful if you can provide me a link to this as I can't for the life of me find it.
My symptoms have worsened since my Tribunal last year and I satisfy the criteria for SG even under the new descriptors. Thanks in advance
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #87760 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:This is so wrong!
B
As the DWP initiated the assessment, the burden of proof lies with them to show that your circumstances have changed, however, whilst there is Case Law to support this argument, you need to remember that that Decision are made on the balance of probabilities, which if taken as a percentage means they only have to be 51% certain of their case.
I suggested in an earlier post that you look at the differences between what you submitted to your Tribunal and what you originally submitted to the DWP, as it seems likely to me that this is where the problem lies. Did you submit extra evidence to the DWP for their Reconsideration, or was it submitted after?
Also, you don't say when your previous assessment was held, the descriptors, including those for incontinence, were updated in April 2011, and it may be for this reason that you no longer qualify for the Support Group.
Gordon
As the DWP initiated the assessment, the burden of proof lies with them to show that your circumstances have changed, however, whilst there is Case Law to support this argument, you need to remember that that Decision are made on the balance of probabilities, which if taken as a percentage means they only have to be 51% certain of their case.
I suggested in an earlier post that you look at the differences between what you submitted to your Tribunal and what you originally submitted to the DWP, as it seems likely to me that this is where the problem lies. Did you submit extra evidence to the DWP for their Reconsideration, or was it submitted after?
Also, you don't say when your previous assessment was held, the descriptors, including those for incontinence, were updated in April 2011, and it may be for this reason that you no longer qualify for the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 9 months ago - 11 years 9 months ago #87764 by Barbarag
Replied by Barbarag on topic Re:This is so wrong!
Thanks Gordon.
My written submission to the Tribunal consisted of in excess of 6,500 words (much of which challenged the ATOS medical) and in addition to this reports from my GP and Physiotherapist as well as my medical records.
I completed the ESA50 as best as I could outlining my symptoms and how they affect me. I did not submit any Drs reports or my medical records on the expectation the content of the ESA50 would suffice.
I have sent off my appeal letter requesting the Data material as suggested on this site.
I contacted the DWP notifying them I was going to appeal and requesting the relevant form. It arrived in an envelope, with nothing to accompany it, not as much as a covering letter, which I thought was dreadfully rude and typical how dismissive these organisations are when it boils down to simple courtesy and good manners.
My written submission to the Tribunal consisted of in excess of 6,500 words (much of which challenged the ATOS medical) and in addition to this reports from my GP and Physiotherapist as well as my medical records.
I completed the ESA50 as best as I could outlining my symptoms and how they affect me. I did not submit any Drs reports or my medical records on the expectation the content of the ESA50 would suffice.
I have sent off my appeal letter requesting the Data material as suggested on this site.
I contacted the DWP notifying them I was going to appeal and requesting the relevant form. It arrived in an envelope, with nothing to accompany it, not as much as a covering letter, which I thought was dreadfully rude and typical how dismissive these organisations are when it boils down to simple courtesy and good manners.
Last edit: 11 years 9 months ago by slugsta.
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