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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Not all appeals…

Elliot Kent
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My client has lodged an appeal against a UC decision and I have received a letter acknowledging the appeal from HMCTS.

The letter states in part:

“Useful evidence shows how [appellant’s] condition affects their life. For example, a letter from their doctor or someone who lives with them or knows them well. It should focus on what they could and could not do at the time of the decision.”

As my client is appealing a decision about their housing costs, this is quite confusing advice…

Rosie W
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Elliot Kent - 11 August 2021 01:30 PM

My client has lodged an appeal against a UC decision and I have received a letter acknowledging the appeal from HMCTS.

The letter states in part:

“Useful evidence shows how [appellant’s] condition affects their life. For example, a letter from their doctor or someone who lives with them or knows them well. It should focus on what they could and could not do at the time of the decision.”

As my client is appealing a decision about their housing costs, this is quite confusing advice…

Wonder if this is a new standard comment. I’ve had it on a Pension Credit overpayment appeal as well.

Elliot Kent
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Yes I think it is just a standard wording on the acknowledgment letter for ‘digital’ appeals. It just doesn’t seem to reflect that not all appeals are about health/disability.

Ianb
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Seems very poor advice anyway as a doctor may know a lot about a particular illness but is not well placed to know how it, or a combination of health issues, affect a particular individual the majority of the time.

(It seems even less likely that somebody who lives with the doctor will be able to help!)

wbamic
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Elliot Kent - 11 August 2021 02:40 PM

Yes I think it is just a standard wording on the acknowledgment letter for ‘digital’ appeals. It just doesn’t seem to reflect that not all appeals are about health/disability.

 

On two occasions I have turned up at UC appeals for non WCA issues and been told the appeal can not go ahead because the panel included a medical member , rather than a judge sitting alone.  Makes you wonder how much triage goes on / if the grounds for appeal are looked at.

Elliot Kent
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Yes I think its sensible to put something like “judge only” somewhere prominent on the appeal form in UC cases which are judge-only to try and cut off any confusion.

However if the case gets listed for a judge and a doctor, you would have thought that is something which can easily enough be addressed by the doctor standing down. Perhaps the Judge wasn’t ticketed for that type of case…

Ianb - 11 August 2021 08:18 PM

(It seems even less likely that somebody who lives with the doctor will be able to help!)

Oh dear Ian, yes I hadn’t read it like that. Maybe we will need to start asking GP’s mums if they can provide supporting letters…

 

Ianb
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Elliot Kent - 12 August 2021 05:09 PM
Ianb - 11 August 2021 08:18 PM

(It seems even less likely that somebody who lives with the doctor will be able to help!)

Oh dear Ian, yes I hadn’t read it like that. Maybe we will need to start asking GP’s mums if they can provide supporting letters…

I was looking for a bit of humour in the madness.!