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why are my psots always locked recently
- incap99
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13 years 9 months ago #43603 by incap99
why are my psots always locked recently was created by incap99
sorry but this is not fair, i am not seeking advice from my fellow posters, i am simply making them aware of what is going on in my case.
you have really offended me by locking my posts.
these posts may help thers to challange there decsions if they are in the same position as me.
in effect i was discussing stve donninsons template letters etc.
it seems im not wanted here.
you dont find the post about the recording of medicals locked,?? whcih has run its course.
i doubt i will ever post here again.
you have really offended me by locking my posts.
these posts may help thers to challange there decsions if they are in the same position as me.
in effect i was discussing stve donninsons template letters etc.
it seems im not wanted here.
you dont find the post about the recording of medicals locked,?? whcih has run its course.
i doubt i will ever post here again.
The topic has been locked.
- Crazydiamond
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13 years 9 months ago #43606 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:why are my psots always locked recently
Your post has been referred to Steve Donnison for his attention.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.
- Steve Donnison
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13 years 9 months ago #43653 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:why are my psots always locked recently
Hi incap99,
I'm sorry you're unhappy about your thread being locked, but I do agree with the decision as it did simply seem to be going round in circles and taking up moderators time to no good purpose.
Just to reiterate.
A tribunal can only decide that you met the criteria for exemption on the date of the decision appealed against. There is no power under the legislation for a tribunal or a decision maker to fix the length of an award of IB or ESA or to decide that an award is 'indefinite'.
An award of IB or ESA, unlike DLA, stands until a new decision is made. An award will generally be reviewed after the period advised by the health professional who carried out the examination. But this is advice only and the DWP can review an award sooner than this or later, as they choose. This includes a decision that you are exempt from the PCA.
So, the decision maker was not overturning the decision of a tribunal by looking again at your capacity for work. There is a question mark over the manner in which that review should be carried out - whether an IB50 should be sent out before an IB113 - but none over whether the decision maker has the power to do so.
I don't think that there is anything in the template letters or other material we produce that is at odds with this.
Steve
I'm sorry you're unhappy about your thread being locked, but I do agree with the decision as it did simply seem to be going round in circles and taking up moderators time to no good purpose.
Just to reiterate.
A tribunal can only decide that you met the criteria for exemption on the date of the decision appealed against. There is no power under the legislation for a tribunal or a decision maker to fix the length of an award of IB or ESA or to decide that an award is 'indefinite'.
An award of IB or ESA, unlike DLA, stands until a new decision is made. An award will generally be reviewed after the period advised by the health professional who carried out the examination. But this is advice only and the DWP can review an award sooner than this or later, as they choose. This includes a decision that you are exempt from the PCA.
So, the decision maker was not overturning the decision of a tribunal by looking again at your capacity for work. There is a question mark over the manner in which that review should be carried out - whether an IB50 should be sent out before an IB113 - but none over whether the decision maker has the power to do so.
I don't think that there is anything in the template letters or other material we produce that is at odds with this.
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.
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