Tribunal Recommendations

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.

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

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.

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

Hi P-S,

See this rightsnet thread "on topic" :

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

bro58

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.