Tribunal success!

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Tribunal success!

Post by Digger on Wed Jun 28, 2017 11:06 am

I expect a few members will recall the problems I had last winter with my local Joke Centre - in the six months leading up to the closing of my JSA claim and switching to Pension Credit I had two sanctions; the first was a four week sanction for missing an appointment, overturned at MR stage; the second was a three month sanction for, allegedly, "deliberately failing an interview" for a job at McDonalds, as a result of which I spent the first 3 months of this year on zero income.

Well, I had the Tribunal hearing for this last one yesterday. What a joke! The DWP didn't bother to send a rep. so it was just me and the Judge, who had clearly made his decision before I even arrived. He was a very pleasant man; we had a nice chat for ten minutes, he asked me a bit about my background and recent history, and at the end he said "I really don't understand why the Job centre would send someone of your age, approaching retirement, and your background for a job at McDonalds. I have no hesitation in overturning the sanction!" Sweet!

A bit of an anticlimax really, I was psyched up for an argument and quite looking forward to crossing swords with the DWP, but I'm not complaining, that's nearly £900 heading for my bank account!

Mega thanks to Mary for all her help Very Happy

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Re: Tribunal success!

Post by Mary_FV on Wed Jun 28, 2017 11:53 am

Digger wrote:I expect a few members will recall the problems I had last winter with my local Joke Centre - in the six months leading up to the closing of my JSA claim and switching to Pension Credit I had two sanctions; the first was a four week sanction for missing an appointment, overturned at MR stage; the second was a three month sanction for, allegedly, "deliberately failing an interview" for a job at McDonalds, as a result of which I spent the first 3 months of this year on zero income.

Well, I had the Tribunal hearing for this last one yesterday. What a joke! The DWP didn't bother to send a rep. so it was just me and the Judge, who had clearly made his decision before I even arrived. He was a very pleasant man; we had a nice chat for ten minutes, he asked me a bit about my background and recent history, and at the end he said "I really don't understand why the Job centre would send someone of your age, approaching retirement, and your background for a job at McDonalds. I have no hesitation in overturning the sanction!" Sweet!

A bit of an anticlimax really, I was psyched up for an argument and quite looking forward to crossing swords with the DWP, but I'm not complaining, that's nearly £900 heading for my bank account!

Mega thanks to Mary for all her help Very Happy

Thanks for the great news! Very Happy

I was quietly confident the appeal would be allowed!

Wishing you all the very best Digger!
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Re: Tribunal success!

Post by Mary_FV on Wed Jun 28, 2017 4:14 pm

An alleged "Refusal of Employment" (RE) sanction is 13 weeks in length for a first offence.

If a person has savings no Hardship can be claimed so the financial loss can be almost £1000! Sad

Most RE sanctions can be easily challenged.

We are here to help!

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Re: Tribunal success!

Post by Caker on Wed Jun 28, 2017 5:43 pm

Well done Digger Very Happy
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Re: Tribunal success!

Post by Admin on Wed Jun 28, 2017 7:22 pm

well done digger thats great news to have and be told cheers

cheers for letting everyone know that the letters do work Very Happy
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Re: Tribunal success!

Post by Mary_FV on Wed Jun 28, 2017 8:40 pm

To expedite payment of c.£900 send a copy of the decision notice to JCP. It can take the Tribunal several weeks to do so.
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Re: Tribunal success!

Post by Mary_FV on Thu Jun 29, 2017 9:32 am

Just for information.

DWP can challenge any First Tier Tribunal Decision, it has one month to do so.  I have only come across this once with a MWA case, but it wasn't escalated to the Upper Tier Tribunal. It is more common with ESA and PIP decisions.


Last edited by Mary_FV on Sun Jul 02, 2017 6:37 am; edited 1 time in total
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Re: Tribunal success!

Post by Tarquin Flotsam on Thu Jun 29, 2017 1:05 pm

Great news, congrats Digger! Cool
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Re: Tribunal success!

Post by uncreased on Tue Jul 04, 2017 4:42 pm

Well done Digger, it must be catching, I've just won as well, three sanctions in my case, all heard at the same tribunal. Thanks to everyone who helped.
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Re: Tribunal success!

Post by Caker on Tue Jul 04, 2017 6:13 pm

Well done uncreased Very Happy
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Re: Tribunal success!

Post by Brutus on Tue Jul 04, 2017 6:19 pm




Excellent news, Digger. I was wondering what it has happened.
It is however sad that to the very end they try and make our life a misery.
It is obvious that the general inspiration for the present DWP policies is that of shortening our lifespan as possible.




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Re: Tribunal success!

Post by Admin on Tue Jul 04, 2017 7:23 pm

uncreased wrote:Well done Digger, it must be catching, I've just won as well, three sanctions in my case, all heard at the same tribunal. Thanks to everyone who helped.

very nice to here that uncreased makes everything that we are doing so much worth it in the end
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Re: Tribunal success!

Post by El-dudeareno on Wed Jul 05, 2017 12:44 pm

Well done Digger, the drinks are on you then... cheers cheers cheers
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Re: Tribunal success!

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