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ESA Appeal SOS response
...she is actually on a immediate period of extended sickness with a sicknote covering her for 13 weeks.
I would bet that, if they respond further, ‘any question of entitlement to other benefits’ will suddenly become irrelevant.
Not had any attempts to be so up front with the.” they are claiming JSA so must be fit” arguments for a good while, at least not in the submissions have had one poor benighted presenting officer turn up saying she’d been ‘told’ to lean on the fact that the client had signed on for JSA and so must be available for work. (This stance brought deep joy to the ‘Judge’).
Currently having to cope with assessor who has concluded that it can’t be incontinence in cases where they able to travel by public transport or if as in one client case ‘they are aware they have faecal matter running down their legs’. This last ‘reason’ being given for turning the same client down twice within 3 months the second assessment being made whilst waiting for the first appeal to be listed.
Only good thing being that in that instance both Tribunals basically spent the majority of the hearing apologising that the client had been so badly served by the Assessment process - and suggesting that should such a decision come before them again they’d be looking to require both the assessor and DM to show up to justify it and or apologise in person.
The Joys of advice work - understand first 33 years are the worse.
Nice one Benny.
And isn’t there still case-law/DM guidance to the effect that a JSA claim doesn’t prejudice a WCA appeal? I thought it was still extant.
Thats what i was looking for old IB cases im sure used to put this in their submission
Wow! What in particular makes me mad is that a judge is never going to fall for that, but an unrepresented person, trying to muddle their way though the appeal process could be convinced by that into giving up and withdrawing. That is what is so disappointing and underhand about it.
Jane
My thought exactly