Hearing Date Arrived

Hi all,

We've finally received a hearing date for my dad's appeal from a decision made in 2012. It advises that we can still send in evidence up to 7 days before the date arrived - which we will do. We have one more piece of evidence that has just arrived.

The letter from the Courts advises that we'll need to bring appeal papers. Does this just mean any appeal papers from the entire backwards and forwards correspondence over the last year? Or does it just mean all evidence we have?

As previously advised in an older post my dad was originally removed from the Support Group and placed into WRAG in 2012... he appealed, but due to stress etc withdrew the appeal. Months later in in early 2013, we managed to reopen the appeal through the courts after they examined the evidence/accepted the explanation. We began to collect evidence for the courts for this 2012 appeal.

In the meantime, whilst in the WRAG my dad was accessed again in 2013. The DWP did not change their minds and stuck to their guns keeping my dad in the WRAG. A mandatory reconsideration began and months later, early 2014 they accepted using all evidence supplied that my dad's condition was one that deteriorated, placed him in the Support Group, and postponed his next assessment for 3 years time (this will take my dad up to near pension age).

As we've been informed, even though the DWP have advised that my dad will not be accessed for another three years... they can apparently reassess at any time if they feel the need to, plus my dad's pension age may be set back. All benefit lost has been returned, so there is no monetary reason to continue the 2012 appeal. Although it has been advised that we could still fight to get the 365 spent in WRAG back in case they are needed in the future.

Our dilemma... the evidence that was used within my dad's 2013 reconsideration was also sent to the courts to use within his 2012 appeal. Although DWP accepted his condition in 2013 with the evidence supplied, they advise generally that these letters do not change their 2012 decision.

My dad's GP has provided a letter advising that: he has previously provided letters for my dad's 2012 appeal, and that he wishes to clarify that they reflect my dad's condition at the time of his 2012 appeal, and that because of the degenerative nature of my dad's condition would continue to be relevant in 2013 (ie for his won reconsideration) and on to present day.

On the surface, it appears a good thing to have as evidence. It's just that with all my experience with the DWP whilst helping his with my dad's appeal etc, I've become rather cynical. Even though my dad's GP has stated that the letters reflect his condition in 2012, and also in 2013 to present day (because of the degenerative nature of his condition), I'm worried that the DWP will pick at the section that indicates evidence may have initially been gained for my dad's 2012 appeal... and then change their minds on the 2013 reconsideration that my dad won.

This may be bordering on being paranoid but finding it hard to shake this worry. I know it's the courts that are reviewing the evidence we present to them, but know that all that we send to them is also sent to the DWP who may comment.

So it's unlikely to have a negative impact on the 2013 reconsideration where the DWP decided in our favour...

I've just been reluctant to even send the evidence to the courts regarding my dad's 2012 appeal which will shortly be heard just in case [as far fetched as it may seem] the DWP stop and say, "Hang on a minute, we thought all the evidence you provided was for 2013, not 2012, we 're now going to change our 2013 decision and remove your dad from the Support Group again!" I know it's unlikely, especially over a slight wording in the doctors final support letter and the fact that the DWP have accepted that my dad's condition was one that deteriorated.

If a doctor was to write up on my dad's condition today, and then again in a years time, the evidence (unless my dad's condition deteriorated faster than usual) would appear identical. This is why some of the supporting letters were used in 2012 and 2013. Fingers crossed the doctors letter will aid his 2012 appeal when heard at the end of April, as opposed to hindering a won reconsideration in 2013.

I think I got a little lost earlier in this thread. I'll clarify... We've now received a hearing date for my dad's 2012 appeal. As previously advised we later won his 2013 appeal/reconsideration using evidence provided. In preparation for this 2012 appeal I have the following 2 questions:

1) My dad's GP has written a letter confirming that the letters written in 2013 for my dad's reconsideration (which we won) are also relevant to his condition in 2012. Should this be okay in theory?

2) In a recent post we were advised if a decision is reversed by the courts then any days in WRAG are reinstated. Is this definitely the case? I ask as there is no monetary gain in continuing with this 2012 appeal, so the only reason to continue would be to get these days reinstated in case they're needed in the future. Is it possible to get these days reinstated?