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IB Appeal - Permitted Work and Vindictive Behaviou

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14 years 4 months ago #22616 by SAMMIE
On IB for 9 years and also receive PHI, decided to do permitted work and on the form it asked what you would earn, i naively put the gross which triggered my benefit to be stopped, been to two appeals and won, but DWP are challenging on point of law (still awaiting a hearing date for this), in the meantime they are harassing me by now claiming i should never have been awarded IB in 2001 and have now disallowed my claim!!

Q1 - Are they allow to introduce another case within a case.

Q2 - Do you think they are trying to scare me because they dont have enough evidence to overturn the earlier decision.

This came as a complete bolt out of the blue is making me very stressed and sick.

Any replies would be greatly appreciated.

Sam

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14 years 4 months ago #22631 by Jeff1
Hi sam. could you not get your MP involved ASAP, phone his/her local office, Best Wishes

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14 years 4 months ago #22654 by Steve Donnison
Replied by Steve Donnison on topic Re: IB Appeal - Permitted Work and Vindictive Behaviou
Hi Sam,

This sounds rather too complex to deal with in the forum - you really do need a representative. Have you tried your local advice agency or law centre?

If the DWP are taking their case to the upper tribunal then no, they are not allowed to introduce new grounds. The UT can only look at whether the tribunal decision was lawful based on the evidence before it.

If the DWP are now claiming you have been overpaid since 2001 that would be an entirely separate decision and would also be subject to the appeals process.

But do try to get help, at least with the UT hearing.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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14 years 4 months ago #22705 by SAMMIE
I am seeing him Friday, will update when i have seen him.

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