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Tribunal Date
- kathy1
13 years 10 months ago #42734 by kathy1
Replied by kathy1 on topic Re:Tribunal Date
Hi Rachel,
Benefits Now may provide you with information you need, I know what you mean about all the volumes etc. it will take a lot of hunting.
Basically, are you trying to show that Atos are clearly told by guidlines what is necessary for them to report to the decision maker, and in the DMG's the decision makers are clearly told what they need as evidence and you can see a decrepancy on both their parts and you are trying to tie one thing into another to try and get your point over at the tribunal by showing by quoting DMG's that the DM hasnt done this and has simply acceped poor medical evidence as their preferrred choice.
I know there was an easier way do do this once your were able to get the acual DMG number that referred to a particular situation. i will have a scoot about for you and see if i can come up with anything.
Kathy
Benefits Now may provide you with information you need, I know what you mean about all the volumes etc. it will take a lot of hunting.
Basically, are you trying to show that Atos are clearly told by guidlines what is necessary for them to report to the decision maker, and in the DMG's the decision makers are clearly told what they need as evidence and you can see a decrepancy on both their parts and you are trying to tie one thing into another to try and get your point over at the tribunal by showing by quoting DMG's that the DM hasnt done this and has simply acceped poor medical evidence as their preferrred choice.
I know there was an easier way do do this once your were able to get the acual DMG number that referred to a particular situation. i will have a scoot about for you and see if i can come up with anything.
Kathy
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- kathy1
13 years 10 months ago #42740 by kathy1
Replied by kathy1 on topic Re:Tribunal Date
Hi Rachel
Think this might be your best route/volume www.dwp.gov.uk/docs/dmgch42.pdf
You will have to scroll thru it to see if you can identify an example you could use.
Kathy
Think this might be your best route/volume www.dwp.gov.uk/docs/dmgch42.pdf
You will have to scroll thru it to see if you can identify an example you could use.
Kathy
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- cdcdi1911
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13 years 10 months ago #42743 by cdcdi1911
Replied by cdcdi1911 on topic Re:Tribunal Date
Hi Rachel
I think the most important thing you need to do if you want to send a written submission, is to start outlining your case and write your reasons for disagreeing with the decision not to award you the points you wish to contest. Don't go through hundreds of pages of DWP guides or commissioner decisions only to find that you don't have time to write a submission in time for the hearing.
It is useful to point out when ATOS or DWP have not followed their guidelines but unlike commissioner/UT decisions, they are not legally binding.
Also, don't forget to make a case that you satisfy the exceptional circumstances (as described in the B&W guides) if you feel that they apply to your situation. This will give you a possibility of succeeding even if you do not score enough points on appeal.
I know from experience how stressful it is preparing a submission when appeal is imminent; I wish you the best of luck.
Derek
I think the most important thing you need to do if you want to send a written submission, is to start outlining your case and write your reasons for disagreeing with the decision not to award you the points you wish to contest. Don't go through hundreds of pages of DWP guides or commissioner decisions only to find that you don't have time to write a submission in time for the hearing.
It is useful to point out when ATOS or DWP have not followed their guidelines but unlike commissioner/UT decisions, they are not legally binding.
Also, don't forget to make a case that you satisfy the exceptional circumstances (as described in the B&W guides) if you feel that they apply to your situation. This will give you a possibility of succeeding even if you do not score enough points on appeal.
I know from experience how stressful it is preparing a submission when appeal is imminent; I wish you the best of luck.
Derek
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- RachelPotter
- Topic Author
13 years 10 months ago #42763 by RachelPotter
Replied by RachelPotter on topic Re:Tribunal Date
Hi, thanks to Mm, Gordon, Kathy and Derek for their advice and support.
I have done what I can, just need to write it up neatly, make copies and get it sent off this afternoon recorded delivery.
Lots of other rubbish happened already today so feeling a bit grim!
Thankyou again,
Best wishes,
Rachel
I have done what I can, just need to write it up neatly, make copies and get it sent off this afternoon recorded delivery.
Lots of other rubbish happened already today so feeling a bit grim!
Thankyou again,
Best wishes,
Rachel
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- mayflower
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- Posts: 186
13 years 10 months ago #42877 by mayflower
Replied by mayflower on topic Re:Tribunal Date
Hi Rachel
Good luck with the tribunal - will be thinking of you. Hope someone will be able to go with you for support?
Love maggie
Good luck with the tribunal - will be thinking of you. Hope someone will be able to go with you for support?
Love maggie
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- RachelPotter
- Topic Author
13 years 10 months ago #43212 by RachelPotter
Replied by RachelPotter on topic Re:Tribunal Date
Hi, just had a letter from the tribunal people, with a photocopy of the submissions I sent in.
Was relieved not to have to find out myself whether or not they had received them!
Many thanks again for all the help and support, it makes such a difference!
Hopefully a friend can come next Monday to provide a shoulder to cry on!
Best wishes,
Rachel
Was relieved not to have to find out myself whether or not they had received them!
Many thanks again for all the help and support, it makes such a difference!
Hopefully a friend can come next Monday to provide a shoulder to cry on!
Best wishes,
Rachel
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