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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4987
Experience:  Solicitor
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Is it unlawful under human rights act to have panel

Customer Question

Is it unlawful under human rights act to have panel unqualified assessors to assess u at dwp work capability apt and can dwp over rule a qualified dr or consultant
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Could you please explain your situation a little more?

Customer: replied 11 months ago.
I'm chronically ill severe kidney pain and many other chronic conditions on opiates for 19yrs I've asked to pit in the support catergory of ESA not WRAG mean work related catergory as so ill Dwp have ignored experts in past from guys hosp London. And they send panel of assessors like care asst paramedics etc who don't have any medical knkwledge knowledge of my renal mean kidney condition cannot afford anymore as I've paid £56. And it's more for telephone call I'm on ESA
Expert:  Jamie-Law replied 11 months ago.

Is it lawful - yes it is. That is because the government prescribed it and said that they can do it. So yes, it is lawful.

However if they find against you, then you can appeal to a Tribunal.

They are independent of the DWP and you can get your own medical evidence to support you.

But at this stage, it is legal, because you have a right to appeal.

I am sorry if this is not necessarily the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?