DWP oppose appeal - advice please

General health and lifestyle
1

Today (Mon 27 Mar 2017) I received the bundle from DWP with regards to my appeal (taking my claim to Tribunal).

DWP have argued against the evidence from social services, consultant, carers which I provided to the court by stating it is old and/or contrary to the assessor`s report. Further to this, DWP are relying on what the assessor claims I said or was observed doing during the assessment.

Further to this, in the response to the courts, DWP wrote "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of State`s decision".

I am concerned about this. Can and do the Tribunal dismiss cases on such submissions by DWP?

Since sending in my appeal, I have assembled further evidence to show that the assessor incorrectly reported the affect which me having to wear an urostomy bag has on my abilities and day-to-day life, which I referred to in my request for reconsideration but was ignored by DM in MR; the assessor omitted relevant comments and observations; the assessor contradicted herself with regards to my abilities and, if the DM had noted these, would have seen that these are relevant and supportive of my claim.

I want the chance to personally present my case to the Tribunal but am concerned that in light of the DWP opposition to the appeal that I may not be given the chance.

Thank you for any advice.

Steve

2

Hi Steve,

I highly doubt this would happen to be honest. DWP will try absolutely anything they possibly can to stop the appeal but it's almost never heard of. The Tribunal are generally very fair and will look at all the evidence you send to them. Also going to the appeal will help you a lot! I'd relax and let the Tribunal do what they do. Hopefully you won't have to wait too long then get the decision you deserve. You can then laugh in the face of the DWP because it's all they deserve right now. Stay strong, you can do this!

3

Thanks Denise for the encouraging advice and support once again.

I think that most contributors to this discussion board know that I am not one to give in and I am determined to go through with this and when this is all over I might smile at the DWP rep getting his/her come upance in court, but it will also then be an opportunity to share this with others who might feel stressed at the prospect of going to court.

Could I also ask if I can take the manager of the care company with me to the Tribunal? The reason is that she could give evidence and refute the unsubstaniated claims made about her in the DWP reply in respect of the appeal?

Thanks again

Steve