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Tribunal Recommendations

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11 years 4 months ago - 11 years 4 months ago #94914 by Pogo-Stix
Tribunal Recommendations was created by Pogo-Stix
Does anyone know the answer to this question if a tribunal recommends that the claimant “does not to have a medical for 12 months” whether that date starts from the tribunal date or back dated to when the original decision was made, or even the reconsideration.

I do understand the DM does not have to follow this recommendation.
Last edit: 11 years 4 months ago by bro58.

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  • bro58
11 years 4 months ago #94915 by bro58
Replied by bro58 on topic Re:Tribunal Recommendations
Pogo-Stix wrote:

Does anyone know the answer to this question if a tribunal recommends that the claimant “does not to have a medical for 12 months” whether that date starts from the tribunal date or back dated to when the original decision was made, or even the reconsideration.

I do understand the DM does not have to follow this recommendation.


Hi P-S,

These "recommendations" by the tribunal are a fairly recent developement, to try and reduce the "revolving door" appeals.

As you rightly say they have no substance in law, so whether the DWP/ATOS will abide by these recommendation will only become evident in time.

The 12 months recommendation would be from the time of the tribunal decision.

bro58

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11 years 4 months ago - 11 years 4 months ago #94917 by Pogo-Stix
Replied by Pogo-Stix on topic Re:Tribunal Recommendations
Thanks for this info Bro58.

It would seem odd if DWP/ATOS reassessed only to back to through the tribunal process. I cannot see any judge overtuning a previous judgement without a good reason.

Mind you I'm sure I read somewhere that the GOV are looking into no payments during appeal to tribunal. However I may have been wrong so dont quote me on that.
Last edit: 11 years 4 months ago by bro58.

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11 years 4 months ago - 11 years 4 months ago #94920 by bro58
Replied by bro58 on topic Re:Tribunal Recommendations
Pogo-Stix wrote:

Thanks for this info Bro58.

It would seem odd if DWP/ATOS reassessed only to back to through the tribunal process. I cannot see any judge overtuning a previous judgement without a good reason.

Mind you I'm sure I read somewhere that the GOV are looking into no payments during appeal to tribunal. However I may have been wrong so dont quote me on that.


Hi P-S,

You may have read this Benefits News article :

www.benefitsandwork.co.uk/benefits-news/story/787

bro58
Last edit: 11 years 4 months ago by bro58.

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11 years 4 months ago #94921 by bro58
Replied by bro58 on topic Re:Tribunal Recommendations
Hi P-S,

See this rightsnet thread "on topic" :

www.rightsnet.org.uk/forums/viewthread/3939/

bro58

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11 years 4 months ago - 11 years 4 months ago #94929 by Pogo-Stix
Replied by Pogo-Stix on topic Re:Tribunal Recommendations
bro58 wrote:

Hi P-S,

See this rightsnet thread "on topic" :

www.rightsnet.org.uk/forums/viewthread/3939/

bro58


I would imagine mental health is such a disputable subject and the fact that they could not find a deceptor . Was it because they tribunal failed to find a deceptor thus reg 23.—(1) was enforced.
All very interesting?

I think it comes down to evidence though and the legal challenge I was armed with concerning the experience regarding DWP HCP.
Last edit: 11 years 4 months ago by bro58.

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