proposed changes in January

justanotherday2 wrote: Call me cynical also...if DWP know the info they require to assist them to make the decision, why not just ask those best placed to provide it? ie. why don't DWP just go straight to the GP, HCP etc?

It also seems that the DWP guidance has been updated re: the recent adverse incontinence decision although the attachment to the DWP circular doesn't appear to open so no idea what it says

I would not rely on your GP too much, DWP statistics indicate that they only reply to some 25% of requests for additional information and when they do reply, it often consists of "yes", "no" and "don't know".

My reading of the recent Tribunal Decision is positive! See

www.gov.uk/government/uploads/system/upl...e/386580/m-35-14.pdf

Gordon

micksville wrote: That surprises me Gordon. I thought they had to reply if asked. Im lucky in that my GP is very helpful and knows my health and disability conditions well
with regard to the other news from yesterday I wonder what your thoughts are on the tribunal deciskon on manual wheelchair users in esa. I read the link to tribunal ruling privided by bro 58 but it was very long winded and I couldn't make out exactly why the dwp will have to change the descriptors.

They are actually paid per request to do it!!!!

Neither of the recent UTT Decisions change the legislation in which the ESA Descriptors are defined, they merely articulate the thoughts that any First Tier Tribunal should have when looking at claims where these matter are to be considered.

Specifically with regard to the "wheelchair" Decision, there seem to pros and cons, the pros are that both the assessor and the DM need to consider the reasonableness of use, the cons are that it has set some limitations on what that means, but in the end the issues are still down to the claimant to argue, for example; the Judge suggests that wheelchairs could be stored at the claimants place of work rather than their home (when storage at home would be an issue), ignoring the fact that a claimant might need that wheelchair to get to work in the first place.

Gordon