Utterly exhausted need some advice please

Hello beccajayne,

I don't know as much as Gary about appeals (and certainly not about appeals out of time) but I had to do one on behalf of my son last year and we were lucky because we were among those you have heard about who were fortunate enough to have had the decision overturned well before the appeal was heard.

I very much agree with what you have said about how health assessors and decision makers often seem to have made up their minds without even reading any available evidence and before they have conducted the assessment. Then a second decision maker follows the first at M/R, maybe because they don't want to be seen to disagree with a colleague. I couldn't help feeling that my appeal submission (which was actually shorter than my M/R letter) was considered by someone with more authority who was able to overturn the previous decision. However, I was required to speak to him on the telephone and answer some further questions, which was nerve-wracking at the time, but which, with hindsight, I would say was preferable to having to undergo another assessment, which is what you would probably have to do if you reapplied. In addition, if you keep going now, and you are successful, your award should be backdated to when you had your review last year. (Gary or one of the other Mods will correct me if I'm wrong about this or anything else I have said, I hope, as I don't want to mislead you.)

I hated the idea of having to go to a tribunal at the time and I don't know if I would have had the courage to see it through, but now I would say to anyone that they should give it a go! From a purely financial perspective, as you were not awarded anything, you have nothing to lose, although I know very well that this is not just about the money; it is people's sense of injustice that drives them on to appeal a decision they feel is unfair.

Good luck with whatever you decide to do.

Best wishes,

Wendy

thankyou

I have dug out my MR, I will use that mainly, with maybe some clarifications / comments on it

I have read on this website that I can read more about appeals but must be a member, I let my membership lapse (by accident) but payment went through recently, so will membership resume soon. I imagine it will.

Due to my difficulties I've not been seen by a doctor properly for about 8 years. In that time our doctor's surgery was declining due to a number of reasons. I feel any evidence I can dig out is very old, the strength of my appeal will only be in the coherent picture I provide.