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IB to ESA, nil points and appealing

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11 years 9 months ago #107871 by Gordon
Replied by Gordon on topic IB to ESA, nil points and appealing
Dizzy

To be honest, you seem to have it in hand.

The Reconsideration which placed you in the WRAG under Regulation 29, should have used all of the documentation from the original Decision, so there is no reason why this was not included in the evidence pack.

One word of caution, now that the appeal is with the Tribunal Service you should not be dealing directly with the DWP on this matter, I am sure that it will do no harm, but you should copy any correspondence to the Tribunal Service so that they are aware of what is going on.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 9 months ago #107885 by dizzy247
Replied by dizzy247 on topic IB to ESA, nil points and appealing
Thanks Gordon
I haven't heard anything from the tribunal service yet so don't have an address.
I'm concerned that the tribunal service have only been sent what I have been sent and therefore have only got DWP's side of the story!!
Also on the letter it states that DWP tried to contact me twice on a certain date but got no reply, this was to ask if I had further evidence. I know for certain that they did not ring on that date and told them this. I also informed them that I have got further evidence and was told to send it to DWP, so I'm not sure if anything has been sent to the Tribunal people yet.
I have got copies of everything so will see what comes back from DWP before I do anything further.

Thanks again for your help, if it wasn't for this website I wouldn't have a clue.

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11 years 9 months ago - 11 years 9 months ago #108730 by dizzy247
Replied by dizzy247 on topic IB to ESA, nil points and appealing
Update and further advice would be appreciated if possible please.

I received notification from the Tribunal service so the incorrect/incomplete bundle was sent to them.

I have now received copies of the missing info from the DWP and a letter informing me that my new evidence has not resulted in a change to the decision. So I remain in WRAG.

I expected to receive a corrected version of the DWP's submission which incorrectly states that I am appealing the decision that I do not have limited capability for work.

Although I pointed out this mistake by phone call and followed it up by letter I have not received anything to show that it has been corrected and more importantly sent to the Appeals Tribunal.
Although I have already sent the Tribunal service a copy of the letter that I sent to DWP so they should be aware of the mistakes.

Is it worth contacting the DWP again or would it be better to explain the situation again in my submission letter to the Tribunal service.

Many thanks
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #108739 by Gordon
Replied by Gordon on topic IB to ESA, nil points and appealing
Dizzy

As your appeal is now with the Tribunal Service all communication should be done via the Tribunal Service.

Although you have already contacted the TS about your being in the WRAG, I would include this information in your submission again, just to make sure that it is clear what you are actually appealing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: dizzy247

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11 years 6 months ago - 11 years 6 months ago #112995 by dizzy247
Replied by dizzy247 on topic IB to ESA, nil points and appealing
I'm still waiting for my appeal date and am now in the process of writing my submission.
I would like to ask for any advice/suggestions on how to effectively "argue my case"

I have an illness that has severely damaged my balanced system, making me dizzy and off balance all of the time but also causing frequent and unpredictable attacks of extreme dizziness and vertigo.

Just to recap, after finding me fit for work, on reconsideration the DWP decided that Reg 29 (risk to physical health) applied to me and I was placed in WRAG.
I feel that Reg 35 should also apply so I'm still appealing.

I intend to give reasons why I should score points for mobility and also that Reg 35 should also apply.
My problem is, how can I prove that there would also be a risk to my physical health if I don't know what work related activities I might be expected to do. Although going anywhere outside my home unaccompanied would be putting myself at risk.

My first WFI was conducted over the phone because of the safety issues if I had attempted to travel to the JCP alone.

I have written to DWP (months ago) asking for an explanation of why there isn't the same risk whilst I'm in WRAG but I haven't received a reply.

Any advice or suggestions from mods or other members would be appreciated.
Many thanks
Last edit: 11 years 6 months ago by Gordon.

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11 years 6 months ago #112999 by Gordon
Replied by Gordon on topic IB to ESA, nil points and appealing
Dizzy

Work Related Activity includes, but is not limited to.

- attending WFIs
- activities such as preparing a CV
- attending suitable training
- the Work Programme
- voluntary work

Please be aware that the burden of proof lies wholely with the claimant in regard to Regulations 29 and 35, so you will need to provide evidence that they apply.

Also

Is there any risk to challenging a decision?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: dizzy247

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