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Taking away my points.

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3 years 2 months ago #265605 by LL26
Replied by LL26 on topic Taking away my points.
Hi phrank,
The law provides that if DWP receive a new medical report that is one if the reasons that can permit a change to a lesser benefit award, including no award at all. So what happens, is that DWP receive a poorly administered assessment and use this to justify zero points.
However, the law also says that a difference of medical opinion isn't the same as a change if circumstance ie an improvement. DWP should still carefully analyse the descriptors and see which really do apply. Of course DWP usually fail at this point.
The role of the tribunal is to make the correct that DWP should have lawfully made. So all powers etc that DWP has are shared by the Tribunal.
The tribunal will need to ensure that the supersession is legally made, and if it feels that the lesser award is correct it has to make a very cogent explanation as to why, and that would probably mean also explaining why it agrees with the assessment report rather than eg GP or consultant report from the claimant's doctors. Needless to say if the tribunal don't apply the correct law then there is an appeal to the Upper Tribunal!
There is also a power to supersede if DWP think a change if circumstances has actually occurred. This is more complicated. DWP have to prove the change. This might be in a fraud case where eg surveillance shows improved walking. It might also be where DWP have had a report from the GP which seems to contradict the claimant. In the change if circumstances scenario, DWP also have to prove the effective date, ie when the change took place, this can be a tricky thing to prove. That's why its easier to use the new medical report law!
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: an ex nurse, Angel

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3 years 2 months ago #265608 by phrank
Replied by phrank on topic Taking away my points.
Hi LL26.

Thank you for your swift reply. That does clear the matter up for me. I thought there would be complications and I suspected that surveillance might come into it.

It does make sense now.

Regards,

Phrank.

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3 years 2 months ago #265610 by Judy
Replied by Judy on topic Taking away my points.
No changes have taken place apart from my meds being upped, I have not improved anywhere nor will I, I have lifelong medical conditions. The other thing they got me downgraded on is by saying that I am able to care for my autistic daughter for 35 hours a week because I get carers allowance. This is true, but if you put it in perspective it is 5 hours per day. The majority of it is not physical. I have to prompt her every day to get dressed, do teeth, shower and tell her the weather appropriate clothes to wear or she'd just wear t shirt and shorts every day. Plus I have to prompt her to eat or she forgets. Her pills are in a controlled and signed for bag because her meds are pretty heavy duty. She suffers with anxiety and self harm so needs me to be there to calm her down and support her. For this they deducted points from me.

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3 years 2 months ago #265611 by Judy
Replied by Judy on topic Taking away my points.
What is the new medical report law please?

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3 years 2 months ago #265612 by Judy
Replied by Judy on topic Taking away my points.
I had a look at their case laws and couldn't find anything the same as my situation.

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3 years 2 months ago #265614 by Judy
Replied by Judy on topic Taking away my points.
Well with me, if they did snoop they would be very disappointed. I literally couldn't fight my way out of a wet paper bag. Their will be no videos of me walking anywhere let alone night clubbing. No gardening videos, no shopping videos, absolutely nothing. Because I really am ill. So I know 100% they have nothing on me.

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