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a really special ESA decision
Recently, I had an interesting conversation with someone who is in a position to know (I’ll say no more than that) who told me that the DWP’s listing team is somewhat chaotic at present, in that they are sending down PO’s to cases that they would not normally be sent down for. There is a weariness with it all among some of the more experienced PO’s whom I’ve largely found fair and decent.
It seems that the DWP have ingrained a more aggressive attitude in the newer PO’s, particularly the younger ones who might be out to ‘prove’ themselves. We’ve seen that before and it’s nothing that we can’t deal with.
I probably encounter POs at ESA appeals about 30-40% of the time now. Bit of a mystery working out which one they might feel it appropriate to attend. There’s no discernible pattern that I can work out at present.
I have had POs assure me the decision will be looked at again following an adjournment and this proving to be the case and I have also had them concede mid hearing looking like they would rather be anywhere else than at appeal.
The presence of the PO hasn’t made any difference at all to outcomes in the cases where I have been rep. The only difference is perhaps that hearings that might previously have taken 5-10 minutes now take 25-30.
Did enjoy a recent hearing where I had requested the papers from an earlier successful WCA as the claimant had reported no change. I had made the request on at least 2 occasions well before the hearing but of course they hadn’t been produced. I asked the Judge if they could ask PO if they could shed any light on this failure. PO said he didn’t know anything about it and all he had in his file other than the current bundle was ‘this report from 2013 when the claimant was obviously a lot worse’ and then proceeded to wave it about. Judge’s face was a picture!!!
PO agreed that decision would be revised given the evidence and this commitment was recorded in the Postponment Notice.
That surprises me; a PO on one of mine recently told me he was instructed not to concede an award where it was staring us in the face.
I was at a PIP tribunal last week and the PO conceded at the outset. No last minute evidence or anything like that. Maybe she’ll be in trouble when she returns to base?!?
Still very frustrating - this was a case that over c4 years had already been to two FTTs, both of which awarded Enhanced for both components (with a DWP prompted UT hearing in between) before the DWP then made a reassessment decision taking EDL away again.
At last weeks tribunal they still took half an hour considering the issue of award length before deciding that it was inappropriate to fix a term so hopefully that will be the last we hear of it.
At last weeks tribunal they still took half an hour considering the issue of award length before deciding that it was inappropriate to fix a term so hopefully that will be the last we hear of it.
hope that’s not a fond hope…..
You have POs attending LCW appeals? When did that start happening?
Anyone else seeing that?
Happening in Scotland because around 80% of appellants have representation, so it was seen as a good idea.
DWP have recruited lots of PO’s, in particular LLB graduates and paralegals for this purpose - mostly on WRO wages. Some have even come over from our side of the table.
There seems to have been a massive recruitment drive in Birmingham as I’m seeing POs at the vast majority of my appeals now, whereas previously I saw a total of one in almost 5 years.
Mostly they seem very unprepared and have little to say, they seem to be there for the day at the hearing venue and I’ve seen a lot of different ones too.
Had quite an enjoyable experience last week when the PO was making a clearly unreasonable argument and the judge wasn’t standing for it at all.
Long story short this was an ESA appeal where the WCA had awarded 0 points. Since the WCA the claimant had a PIP assessment where he got enhanced both components, including unable to mobilise more than 20m.
Judge asked the PO if the DWP would concede now, but PO said she preferred the appealant’s own evidence (a letter written months ago by his wife saying he could walk about 200m) over the PIP assessor and his own GP regarding how far he could walk.
Judge was incredulous at this and shut the PO down thoroughly. I almost felt bad for her!
Technically off topic on this thread, but at hearing this week on a PIP appeal, I asked the PO outside if he wanted to concede the case before we went in. Their case was frighteningly weak, their own evidence didn’t support their position, and there were several UT decisions and a decision from the Scottish Law Lords which made our position as virtually unassailable as we could be - given the nature of the subject.
I got a flat refusal to talk; he went in and offered nothing in support of the case when asked; and after a very short hearing, the Judge ruled in our favour. When I suggested to him on exit that it would have been much easier on my client had he agreed to fold it beforehand, he said he couldn’t do that because he ‘didn’t have the power to make those decisions’
I’ve sent off a very long complaint, pointing them to the relevant chapter and verse of the ADM, along with words to the effect of - what’s the point of sending someone who doesn’t know what they are doing