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Taking away my points.
- Judy
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3 years 2 months ago #265567 by Judy
Taking away my points. was created by Judy
I thought that if the DWP take points off you and downgrade you, they have to prove that you have actually improved? Have I got this wrong please? I'm taking it to tribunal you see. They only took my points off me because they say I'm not as ill as I make out. Even though I provided proof that my health has not improved, that my medication has in fact increased and the air flow rate on my apnoea machine has had to be increased three times and is on quite a high flow.
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- Angel
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3 years 2 months ago #265577 by Angel
Replied by Angel on topic Taking away my points.
Morning. If you go to a Tribunal, the onus is on the DWP to demonstrate that you have magically got better/ improved, which has resulted in them taking points away from you. If you are after a higher award than previously, YOU have to prove you have gotten worse. Disability Rights UK has a ‘caselaw’ page you may want to peruse. I know this is all out there somewhere..
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- BIS
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3 years 2 months ago #265585 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Taking away my points.
Hi Judy
Look closely at their justification for saying that you're not ass ill as you say you are. What's their evidence for saying or implying such a thing? And then what are your arguments and evidence to counter anything they say? A tribunal will certainly question it. Can the DWP just remove points? Yes, they can. I know a member last year had a judgement against them at tribunal where the judgement was that the DWP had been over-generous in awarding the claimant points before. Now, this isn't a common occurrence but I have included it to illustrate the point that the DWP can remove points and a Tribunal can side with them.
BIS
Look closely at their justification for saying that you're not ass ill as you say you are. What's their evidence for saying or implying such a thing? And then what are your arguments and evidence to counter anything they say? A tribunal will certainly question it. Can the DWP just remove points? Yes, they can. I know a member last year had a judgement against them at tribunal where the judgement was that the DWP had been over-generous in awarding the claimant points before. Now, this isn't a common occurrence but I have included it to illustrate the point that the DWP can remove points and a Tribunal can side with them.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Judy
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3 years 2 months ago #265589 by Judy
Replied by Judy on topic Taking away my points.
No not trying to get a higher award than previously. A Tribunal awarded me more points after the DWP downgraded me a few years ago. The DWP seem hell bent on trying to get me back down to the award they gave me, before that tribunal. They have totally ignored that I even went to tribunal and got awarded higher points. All they ever refer to is their points they awarded me. It's as if the tribunal never took place, even though I have referred to it several times to them.
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- BIS
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3 years 2 months ago #265597 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Taking away my points.
Hi Judy
Poor you. It is so frustrating when they do that. Lets hope the Tribunal side with you again, though it's awful that you have to go through the same route.
BIS
Poor you. It is so frustrating when they do that. Lets hope the Tribunal side with you again, though it's awful that you have to go through the same route.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- phrank
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3 years 2 months ago #265600 by phrank
Replied by phrank on topic Taking away my points.
Hi Bis,
That's the first time I've heard the DWP can just remove points. Surely they would have to have solid ground in order to do so?
Surely this would only apply if a claimant tells them of a change in circumstances - or by doing their own snooping?
What I'm trying to say is; they have no right to just deduct points without good reason, have they?
Regards,
Phrank.
That's the first time I've heard the DWP can just remove points. Surely they would have to have solid ground in order to do so?
Surely this would only apply if a claimant tells them of a change in circumstances - or by doing their own snooping?
What I'm trying to say is; they have no right to just deduct points without good reason, have they?
Regards,
Phrank.
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