[New] Member's questions - post them here!

[fibrography]

Nickd, I have received a response to my GL24 Appeal. but they have FAILED to supply me with any evidence. now what do I do? They are asking me to provide evidence nut have not sent me theirs that I asked for.

[nickd]

Hi Fibrography,

Having lodged your appeal and provided them with perfectly valid grounds upon which to do so, it is incumbent on the DWP to provide you with the evidence you need to progress the appeal.


You are the 'appellant' and they are the 'respondent', it is their duty to respond.


I suggest you write them a letter:


Keep a copy and send it by recorded mail. It sounds like they are trying to stall providing you with a reply because they are snowed under with outstanding appeals. That's their problem, they should make the right decision in the first place!


Just copy, paste and send. Then await the big brown envelope with all that you have asked for. When you're in receipt of it we can take it from there.


_________________________________________________________________________________________

Date X


Dear Sir / Madam,


Your name, address and national insurance number.
Employment & Support Allowance appeal.


Thank you for your letter dated the XXX, the contents of which are noted.


On the XX I sent you the appropriate GL24 appeal form duly signed and providing you with valid grounds of appeal against your decision dated XX which placed me in the Work Related Activity Group.


As the respondent in this appeal you will appreciate that it is for you to provide me with a reasoned response to my appeal. I therefore look forward to receiving the Secretary of State's response submission setting out in full the reasons for my placement in to the Work Related Activity Group including the citing of the correct legislation and copies of all the evidence you used in arriving at your decision.


Clearly you consider that you had the correct amount of evidence at your disposal in order to reach the decision against which I appeal. When I am in receipt of your response I will be able to consider what further evidence I may be able to provide to further dispute your decision.


Please expedite my request without delay so as not to unnecessarily protract my appeal.


I look forward to hearing from you.


Yours faithfully

XX

[fibrography]

Thanks so much Nick. Will update you when I hear back.

[nickd]

You're very welcome Fibrography!

Have some figures coming out soon on the number of outstanding appeals and ESA assessments, you'll get to see why they're stalling.

Let's hope they don't mess you about with a response.

[nickd]

Many thanks Fiona :-)

[poppy]

Hello Nick,

Apologies, as I think I am posting in the wrong section.

I have been affected by all the ESA appeal stuff but thankfully I won the tribunal. Due to happen all over again next year, so soon. I am going to be affected by this extra bedroom benefit cut. It is a concern. Is there anyway out of it if you are on work-related ESA? Are any MPs fighting this?

If I had a private 1 bedroom I suspect my rent would be more costly to the public purse. Do you know what the cap is for that, please?

I now have forms for DLA and a Community Grant. Do you have info on filling these out? Your site is very extensive I will read it in more depth later but a quick link would be great if you have it? I see you have lots on ESA.

Thank you.

[nickd]

Hi Poppy,

No worries about posting in wrong place, the question was very relevant to esa assessments but I've moved it to here on member's questions for you and others to read.

Firstly well done on winning the Tribunal!

Do be assured lots is being done to find the ESA assessments, the information on here is read by some of the people who help fight for the changes and indeed this week in Parliament more questions are being asked.

There is a legal challenge on the 'bedroom tax' which the DWP have lost but are now trying to take through the Supreme Court. I've posted you the link as another member has kindly posted a piece on it on the forum.

mylegal.proboards.com/index.cgi?action=display&board=campaign&thread=799&page=1#2331

Can I first clarify are on any current DLA and if so what rates?

Have you also claimed a 'discretionary housing payment' from your local Council.

There's little you can do to get out of the mandatory requirements of the WRAG so just work with your provider and see what happens. If you think it gets too much then it may be appropriate to seek advice on moving to the support group?

Does any one come in and care for you?

I don't hold a lot on DLA as I am waiting for the new Personal Independence Allowance. There are some good sites but have you tried seeking advice in your area?

What area are you from?

Give me a nudge if I don't get back to you in a day or so.

Regards

Nick

[poppy]

Hello Nick and thanks for getting back to me so quickly. First of all I can't see how to quote you directly (with your name in the quote), is it possible to do that?

No worries about posting in wrong place, the question was very relevant to esa assessments but I've moved it to here on member's questions for you and others to read.

Typical, I just seen it when on forum just there.

Thanks for thumbs up re appeal. I did see that bedroom tax link but does it not apply if you actually need an extra room for your condition? I don't.

Can I first clarify are on any current DLA and if so what rates?

No, I'm on work based ESA. I received a courtesy call the other week and the woman said she thinks I might be entitled to it and she sent the form. I'm sure you can appreciate that cause I messed up my ESA form a while ago hence the appeal, then this time I want to understand I know what I'm filling in. The ESA form I just filled in, in a hurry not realising what was going to entail. I just thought I was confirming condition. We do live and learn.

Have you also claimed a 'discretionary housing payment' from your local Council.

I have not idea what this is. I do receive full housing benefit at present.

There's little you can do to get out of the mandatory requirements of the WRAG

WRAG is?

Does any one come in and care for you?

I'll pm you answer to where I live. Don't worry if you don't know alot on DLA, I'll just go ahead and fill the form in.

Thank you

[poppy]

Nick I can now see the quote button.

[nickd]

Hi Poppy,

Glad to see you're getting the hang of it!

It's not that I don't know about DLA, it's just that I don't have any material on the forum as a ready made source of information. Let me get back to you and explain what WRAG is and also Discretionary Housing Payments

Regards

Nick

[poppy]

That would be g8 Nick.

I wasn't trying to imply you didn't know your stuff incase I came accross a bit wrong. I can see you are well clued up.

Thank you.

[nickd]

Hi Poppy,

Have posted a PM for you

Regards

Nick

[foxhound2012]

Hi Nick How are ya?
Just wanted to know what the penalties where for hacking into another person's Twitter account could be? Either via a third party or first hand?
Would you know?

And what can I do with the information from said hacking? Ip addresses etc? I have legal representation but I would love to know your thoughts on the matter.

[nickd]

Hi Foxhound, I'll move your question to the member's question area and see what I can find out for you :-)

[foxhound2012]

That's awesome....

[nickd]

Hi Foxhound,

I had a look to see what I could find out but most of it relates to the dangers of posting potentially libellous comments concerning others on Twitter. Lord McAlpine being a case in point.

An extract from the Guardian...

"The identification of Lord McAlpine on various Twitter accounts, notwithstanding the fact that he was not actually named on BBC's Newsnight, is yet another example of the unrestrained power of social media in the internet age.

Although not an obvious comparison, the identification of Ryan Giggs despite an injunction being in place, in total disregard for the authority of the court, raises all the same issues and concerns in relation to the difficulties in policing what has been to date almost completely unrestrained online dissemination.

While the BBC have absolutely no excuse for what was, at best, a total lapse in journalistic ethics and principles, Lord McAlpine's identity may not have been exposed in the public domain in the past due to the discipline imposed on the mainstream press media by our libel laws.

Indeed, so rampant and potentially serious has the problem of internet publication become that the criminal law is now coming to the fore as being the most potentially effective means of controlling, albeit to a limited extent, the more dangerous and harmful online abuse. However, even the criminal law is having difficulty finding its place, with the director of public prosecutions, Keir Starmer, engaging in a general debate as to how best to balance the need for criminal sanctions against the basic right for freedom of speech."

Read more here...

www.guardian.co.uk/law/2012/nov/27/lord-mcalpine-twitter-libel

The hacking issue is more difficult to clarify.

From what I gather it's more a question of Twitter being able suspend accounts rather than apply sanctions of a more punitive nature, I can't see any legislation (it's all very topical though given Leveson) on hacking as such. One of the criticisms is that Twitter is a single password access which personally is what I like about it as I hate passwords!

However, I guess another thing you have to consider is why someone has been hacked? If it was done for the purpose of obtaining personal data then I'm sure some more 'formal' action could be taken against the hacker. The majority of hacking incidents are caused through people sending errant links via DM's - never click on them! If you get these delete the message without clicking on the link. They always come with some message along the lines of 'have you seen the awful things being said about you?'

If you look at their Twitter page you'll generally see they have very few if any follows and a load of tweets all with the same message. Twitter has guidance on what to do and you should always change your password; you may need to do this twice.

I think it really depends on the reasons why you've been hacked and what damage it has done to you or your information; best thing is to keep everything as secure as you can and change your password fairly regularly.

Not quite the question you asked but I had a good look for you and will come back if I find out any more.

Regards

Nick

[medthehead]

havent energy to find if its already been covered. has anyone any experience of this?

cheers Med

[qinteq]

Nick, your new thread titled "PIP statement by McVey"

- the IA for the new DLA to PIP came out yesterday, global reassessment estimates are :

30% get more money.
15% get the same.
30% get less
25% get none

see : www.dwp.gov.uk/docs/pip-reassessments-and-impacts.pdf

[qinteq]

Nick, I should have said the quickie IA release, I don't have the full one yet

[nickd]

Hi Qinteq

Many thanks for highlighting this, it's something I have in 'store' in readiness for the implementation of PIP.

McVey trots it all out just like the rest of them, what concerns me is how they portray DLA as spiralling out of control with no regard to the facts; it's important to look at these and that's what we'll be doing on the forum.

Truth is they know the IB/ESA reassessment programme is totally chaotic and they simply cannot push a similar disaster upon the DWP/Tribunals service again.

Before dealing with PIP I think we need to ask ourself one question:

What was so wrong with DLA?

Watch closely for more on this!

[qinteq]

On that same day the 13th David Blunkett complained """we will not fully understand the impact of her announcement until we see the revised assessment criteria? """ .. .. if he and others have not seen the revised assessment criteria, maybe I'm hoping for too much to see the said copy myself. Quickie on the left - full Hansard on the right here : www.theyworkforyou.com/debates/?id=2012-12-13a.463.0&s=philip+davies

[dianep]

Hi i was asking about ESA. The claim for ESA medical was failed with 0 points, the tribunal decision was to up hold the decision and refuse the claim. Was advised to claim ESA again as new claim. When this was done over phone, were told that as a fit note was already in place and does not expire til mid January would be fine. Received letter today which states fit note needs to be posted back. When rang to ask about this was told that as fit note was relating to previous claim it is not relevant for this one and therefore a new fit note needs to be supplied. Would a new one be supplied when the other one is still valid? Is it right to be asked to obtain a new note when they have the valid one? Apparently there are no notes on the system either

[nickd]

Hi Diane and thanks for joining,

The Med 3 sick note should be fine so long as it started after the date of the decision which the Tribunal was looking at. You can check this by looking at the appeal papers where you will see in the 'Secretary of State's submission (response)' that it refers to the 'decision'.


The Tribunal only considered the evidence and facts up to this date. You then appealed but only against the original decision which I have referred to.


Providing more than six months have elapsed since the decision you should be able to re-claim ESA with no difficulty using the existing sick note. A decision - maker should be able to comprehend this but the front-line staff probably won't.


It would be easier (but should not be necessary) to ask your GP to write another sick note dated from when you have re-claimed ESA (presumably straight after the appeal). Your doctor can quite legitimately add that the stress of having to make a new claim has made your condition worse. It's better if the new sick note is a bit more 'beefed' up than the one before.


This should be enough to get the claim rolling. Keep copies of everything :-)


If you think the Tribunal decision was wrong, write to the Tribunal centre (quote your reference number and date of hearing etc) and ask for a 'record of the proceedings' and 'full statement of reasons'. Tell the DWP you are furthering an appeal against the Tribunal decision but please get some help with this.

I hope this helps?

Was it an incapacity to ESA case by any chance or new ESA claim?

Best regards

Nick

[dianep]

Thanks Nick

i think it was incapcity origionally, its my prtners claim, he has an appointmt tomorrow just worried that doctor would be reluctant due to origional still being valid. its not his usual doctor either but only appointment he could get this close to christmas. the stress is making me ill never mind him. hes also going to try n sort dla out.

[nickd]

Hi Dianne

Well hopefully the GP will be okay, most of them are fed up to the back teeth of the DWP not listening to a word they say so hopefully they'll co-operate. Try and seek advice especially over appealing the Tribunal decision (I am legally challenging all of the incapacity conversion cases in my case-load and others may be making similar challenges). It's important to seek advice if going down the DLA route as the DWP may well use the ESA evidence relating to the failed appeal.

Good luck with this - do let me know how you get on?

Regards

Nick

[jetsetwilly]

Legal Ramifications of DLA re-assessment.
Ive thrown this out before on other forums but without a decent reply.
Situation: Person with degenerative condition is put onto IB. IS and DLA High rate care and High Rate Mobility 1993. Seen by DLA Doctor and home interviewed by DHSS staff. Told by both DLA and DHSS they will be classified as 'Disabled for life' No further sick notes etc needed.
Now, on the basis of what they were told, that they were indeed 'Disabled for life' and facing the rest of their life on benefits, they make life changing decisions. Moving to a new area for allegedly better care, Inability of being able to support child through Uni plus a multitude of other decisions related to the prospect of being Disabled for life and living on benefits.

Lets assume, that the dears at ATOS decide to dump this person off of DLA? Surely there are legal implications here?. You make decisions based on what you are told by the authorities, then are told by ATOS that its irrelevant and all those decisions and change of life you had to make wasnt indeed necessary??

There should be a substantial claim against HMG for loss here surely?

Sorry if this is in the wrong forum.

[nickd]

Hi Jetset,


Yes I've had this one argued before on other forums and I do think there is a basis for founding a claim in what you say.


The DWP stance is that even if a 'lifetime' or 'indefinite' award is made it is still subject to review at any time if a change of circumstances occur providing grounds upon which to revise or supersede the claim have been made out. Therefore, I think the starting point has to be: are there valid grounds upon which to change the awards?


This should always be challenged via the appropriate social security adjudication process. My thinking is that it can be argued that the Secretary of State has to provide even more compelling grounds in 'lifetime' or 'indefinite' than they do in 'time limited' awards simply because the claimant has been told they are indefinitely awarded. A 'supersession' is to all intents and purposes a new claim but my thinking is that it the grounds upon which to revise which need to be more vigorously challenged in the Tribunal. Too many people simply look at the issue of entitlement without challenging the adjudication process itself.


There is also the potentially 'contractual' side to this. Essentially the DWP enters in to a contract with the claimant and if they are told, usually upon the DWP's own decision (along with that of their own appointed disability analyst's opinion) that they are indefinitely entitled, then why should they not be entitled to believe it and plan their life ahead accordingly?


Does this form the basis for a legally binding contract? - I don't see why it should not. The claimant is after all a 'customer' and the Secretary of State has a legal duty to provide - how enforceable is the contract? - I'm not sure but I am looking in to this.


Like you say people plan their life according to what they are told and yes it can involve a lot of expense. Likewise the claimant - it should be remembered is being compensated in part for a reduced earnings capacity - as a result of what they are led to believe is 'life - long disability'.


It is after all the DWP's opinion and one based on a legal decision
which the claimant is believing in - why should it not be legally binding?


The fact the Secretary of State's purse has had its strings pulled is not - in my view - enough of a ground to say an 'indefinite' award is no longer indefinite. I think it arguable to contend it is breach of contract and as such the claimant may be entitled to sue for resultant and consequential loss.


I definitely think there are grounds to further this argument so thanks for raising it on the forum and I welcome your further comments?


Regards

Nick

[jetsetwilly]

Thanks Nickd
I'd like to take this forward and try a find a Solicitor to start making a few enquiries even though its a few years ahead.
Do you think a case like this against the Government would qualify for Legal Aid ?

[nickd]

Unfortunately Legal aid is almost eradicated for welfare benefit enquiries with effect from April next year but I think we will see an emergence of law firms doing 'no - win no fee cases' or perhaps your better bet is to try a welfare advocacy service which can do work on a pro-bono basis? (free of charge). I would encourage you to see an agency or solicitor who is a specialist in this field. They could initially do some of the preparatory work with a view to getting counsel's opinion on whether there is merit. The Public Law project may be worth contacting?

Regards

Nick

[jetsetwilly]

I might just be tempted to get as much info as I can then have a go as a LIP
I might try for, say £1 million to cover lost opportunities etc then settle for half that ??
HAHA I live in hope

Then again my case would be 'in the public interest' ? N'est ce pas ??

I tried the Public Law project but the didnt even respond or acknowledge my email