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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Tribunal recommends client not to be reassessed

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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We won an ESA appeal this morning and the decision notice, after the usual rider clause about it being a recommendation not binding, states:

“In view of the degree of disability found by the Tribunal, and unless the regulations change, the Tribunal would recommend that the appellant is not re-assessed”

I’ve not seen this before and didn’t have the opportunity to ask the judge. Is she anticipating the changes to reassessment announced by Damian Green or have Tribunals made this sort of recommendation previously?

It strikes me as being a bit premature if the former, not that I am complaining of course…

Thanks.

JPCHC
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Cardinal Hume Centre - Welfare Rights

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I had the same recommendation from the Tribunal about a month ago so pre-announcement but it was a gent with Parkinson’s and the Judge was clear it was b/c the condition is progressive.

When I was speaking to Benefit Centre about the claim they wanted the recommendation from the Tribunal but concluded that there was no ‘facility’ to record it as their system only allowed a maximum of 3 years so he’d get referred again at that point!

At least with the changes, he won’t need to be put through another Maximus medical.

Elliot Kent
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Shelter

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JPCHC - 10 October 2016 05:54 PM

When I was speaking to Benefit Centre about the claim they wanted the recommendation from the Tribunal but concluded that there was no ‘facility’ to record it as their system only allowed a maximum of 3 years so he’d get referred again at that point!

I’d be curious to hear what a public law solicitor thought of that blatant fettering of discretion…

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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JPCHC - 10 October 2016 05:54 PM

When I was speaking to Benefit Centre about the claim they wanted the recommendation from the Tribunal but concluded that there was no ‘facility’ to record it as their system only allowed a maximum of 3 years so he’d get referred again at that point!

Thanks for this. I had thought that the 3 years maximum award length came from the ESA Regs somewhere but I looked high and low for the reference and could not find it (but did come across this earlier thread)http://www.rightsnet.org.uk/forums/viewthread/3520/  so have concluded it must just be an administrative thing as you say. Interesting.

JPCHC - 10 October 2016 05:54 PM

At least with the changes, he won’t need to be put through another Maximus medical.

Here’s hoping… The odd thing is that although this claimant has a chronic condition and a number of complications associated with that, his health is really no better or worse than numerous other claimants who have only got 12 or 24 months previously. Hopefully this type of recommendation will become more common now even if we are going to have to wait a year or so for the rules around it to be set down.