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HELP WITH MANDATORY RECONSIDERATION

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7 years 2 months ago #182667 by Gordon
Replied by Gordon on topic HELP WITH MANDATORY RECONSIDERATION
Natalia

I'm sure no one is saying to ignore the assessment report, but and I am sorry to repeat myself, an award will only be made by your showing that you meet the criteria for one.

All you show by dealing with the issues in the report is that the assessor was wrong. The person you spoke to at the Welfare office is correct, appeal panels have heard this all before.

You need to go back to basics! So if your husband is unable to reliably walk more than 20m on the majority of days, why is this?

What conditions limit his ability to walk?
How far can he walk? Could he continue to walk or is it an absolute limit?
How do they limit him, is it pain, breathlessness, blood pressure, etc.?
When do they limit him? Is it every day, some days, how often, what is different about the days he's affected and the ones that he isn't?
Does the way he is affected change? How? When? Why?
What effect does medication have?
How does he walk? Is he slow or does he have to stop? Could his walking be described as so slow that it would be less than half the speed of a healthy person.
Having walked a distance can he repeat it? If he could after how long? How many times? What effect would him doing this have on his health immediately, that day, that week?
Does he walk while in severe pain? This may not be counted as walking.
IF the assessor saw him walk more than 20m how did he manage this? What was the result of him doing this? Is this something he can do all of the time or only occasionally?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: natalia

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7 years 1 month ago #184617 by natalia
Replied by natalia on topic HELP WITH MANDATORY RECONSIDERATION
Hi Gordon,

Just a quick update. We have now lodge the appeal. We received the standard letter from the courts saying they are waiting for DWP to respond to appeal.
In the meantime our GP sent a letter to a Welfare Rights representative and he called me to say that it had arrive and that he was going to send it straight away not only because he had it but because it was such a strong letter he felt it could make the DWP change their decision and therefore forget about the appeal.
I guess to prepare their response the DWP now have to take this new evidence into account?. IF they don't, can the TS/courts ask them to review it based on that evidence as I believe both sides has a copy?

many thanks.

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7 years 1 month ago #184643 by Gordon
Replied by Gordon on topic HELP WITH MANDATORY RECONSIDERATION

natalia wrote: IF they don't, can the TS/courts ask them to review it based on that evidence as I believe both sides has a copy?

many thanks.


I'm afraid not, the TS has no authority to do this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: natalia

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7 years 3 weeks ago #186457 by natalia
Replied by natalia on topic HELP WITH MANDATORY RECONSIDERATION
So as an update, appeal was lodged end of February and letter from Courts confimming was received very early March. Strong letter of support from GP sent to DWP also early March. Still waiting to hear something. We have not received any packs or letters. Is it worth phoning the courts or DWP for an update?

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7 years 2 weeks ago #186496 by natalia
Replied by natalia on topic HELP WITH MANDATORY RECONSIDERATION
Hi,

As you know we lodged an appeal back at the beginning of March and the 28 days are up and we have not received a response. At the time we also sent a very strong support letter from GP as new evidence. We have called today and they are saying it is now with case manager and that they will make a decision in the next few days. Is this a good thing or a bad thing? anyone has gone through this? Does this mean they are looking at the award again ?

Thank you.
Natalia

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7 years 2 weeks ago #186530 by Gordon
Replied by Gordon on topic HELP WITH MANDATORY RECONSIDERATION

natalia wrote: Hi,

As you know we lodged an appeal back at the beginning of March and the 28 days are up and we have not received a response. At the time we also sent a very strong support letter from GP as new evidence. We have called today and they are saying it is now with case manager and that they will make a decision in the next few days. Is this a good thing or a bad thing? anyone has gone through this? Does this mean they are looking at the award again ?

Thank you.
Natalia


You really shouldn't be contacting the DWP about your appeal, all communications should be via the Tribunal Service or you risk the DWP and the TS having different information which could further delay your appeal.

It is possible that the DWP are looking at your claim again, if they are then they will contact you.

You need to speak to the TS about chasing the DWP's appeal submission.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: natalia

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