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Appeal
- Mike555
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11 years 6 months ago - 11 years 6 months ago #113846 by Mike555
Appeal was created by Mike555
Hi
I am awaiting an appeal to go from WRAG to SG, I sent in new medical evidence of a slipped disc.
This has been rejected as "no grounds to revise the decision under appeal".
What I do not understand is........
"As this appeal was made after 21st May 1998, I submit that the appeal tribunal should only consider the conditions of entitlement down to the date of the decision makers decision and no regard should be made to any deterioration in Mr xxxxxxxxxxxxxx condition after that date".
I read this as no mater how worse my conditions get, ie I could be wheeled in on a stretcher and on oxygen and near death. The tribunal will only judge me on how I was at some past point in time. This seems mad, as one of my conditions osteoarthritis will only get worse with time.
Thanks in advance Mike
I am awaiting an appeal to go from WRAG to SG, I sent in new medical evidence of a slipped disc.
This has been rejected as "no grounds to revise the decision under appeal".
What I do not understand is........
"As this appeal was made after 21st May 1998, I submit that the appeal tribunal should only consider the conditions of entitlement down to the date of the decision makers decision and no regard should be made to any deterioration in Mr xxxxxxxxxxxxxx condition after that date".
I read this as no mater how worse my conditions get, ie I could be wheeled in on a stretcher and on oxygen and near death. The tribunal will only judge me on how I was at some past point in time. This seems mad, as one of my conditions osteoarthritis will only get worse with time.
Thanks in advance Mike
Last edit: 11 years 6 months ago by Gordon.
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11 years 6 months ago #113848 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal
Mike
Benefit Decisions are made based on how the claimant was affected by their conditions(s) at a specific point in time as a result, when that Decision is challenged, those looking at it, another DWP Decision Maker during the Reconsideration phase and the appeal panel at the hearing, can only consider the claimants condition at the time of that Decision.
This does not mean that your changed condition cannot be considered, but not within the framework of an appeal, you need to notify the DWP of a Change of Circumstances due to a deteriorated condition. They will then re-assess you based on your conditions as they are now and make a new Decision on your claim, this will not affect any Decision made at an appeal but will limit any award that is made.
Gordon
Benefit Decisions are made based on how the claimant was affected by their conditions(s) at a specific point in time as a result, when that Decision is challenged, those looking at it, another DWP Decision Maker during the Reconsideration phase and the appeal panel at the hearing, can only consider the claimants condition at the time of that Decision.
This does not mean that your changed condition cannot be considered, but not within the framework of an appeal, you need to notify the DWP of a Change of Circumstances due to a deteriorated condition. They will then re-assess you based on your conditions as they are now and make a new Decision on your claim, this will not affect any Decision made at an appeal but will limit any award that is made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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