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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was on IB since 1996 due to a heart condition. In 1998 benefit

Customer Question

I was on IB since 1996 due to a heart condition. In 1998 benefit was stopped but reinstated after I appealed to the Independent Tribunals Board and won. This happened again in 2008 and again I won the appeal. On both of these occasions I was promised by the ITB that I would never have to go through this again. However due to changes at DWP I was placed on ESA(Work Related) which has now stopped. Are the DWP obliged to take into account the previous conclusions of the ITB and place me in the ESA(Support Group) and therefore reinstate my benefit.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.

Nobody appears to know the answer about whether the DWP are entitled to ignore the previous findings of the Independent Tribunals Board or if the can the disregard the fact that I was exempt from the all work test. I know there has been new legislation but the DWP seem to be treating everyone as new claimants and asking them to start the whole process again. The so called experts are extremely unhelpful and just appear to be culling as many claimants as possible without looking into their previous claims.

Expert:  Nicola-mod replied 3 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you asking if the claim can be reassessed in the light of previous rulings?
Customer: replied 3 years ago.

Yes which I have done. As you don't seem to know the answer to my initial question please cancel it and I will research it myself. I do not wish to pay any fee the lack of service supplied.

Customer: replied 3 years ago.

You have not answered the question. Rating 0/10

Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Have you appealed the current decision please?

Customer: replied 3 years ago.

I have asked the DWP to review their decision but they now request further medical evidence. My question is can they ignore previous decisions by the Independent Tribunal Service and if so under what legislation. I am considering writing to my MP.

Expert:  Ash replied 3 years ago.
Have you appealed their decision yet or just asked for a review?

Customer: replied 3 years ago.

Review which they will not do without further medical evidence

Expert:  Ash replied 3 years ago.
OK - they should take into account ALL circumstances including the previous evidence. If not then you can appeal the decision.

The matter would then go before a Tribunal. But they are required to take into account ALL evidence.

Can I clarify anything for you about this today please?