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urgent incap opyt advice
Client has appeal next week against incap opyt, he made claim for incap in 2003 and his claim form shows he declared he was due to receive 2 occ pens in few weeks time.
When occ pens became payable he did not contact DWP to advise of dates of payments or amounts, his defence is he declared the info on his claim that these were due to be paid and DWP should have followed this info up if it was relevant to his claim.
Do you think he has any chance of success at appeal against the opyt based solely on the fact he made an initial disclosure upon which DWP failed to act, or should I be warning him the Tribunal are more likely to take the view he should disclose any change he is reasonably expected to know and it is then up to DWP to decide if it is relevant or not?