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Changed occurred after the date of the decision.
- Danny Black
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4 years 10 months ago #248503 by Danny Black
Changed occurred after the date of the decision. was created by Danny Black
Hi all, I've had mandatory reconsideration letter even thou assessor never mentioned that this was the first stage at my house, she's stated that "If my condition has deteriorated, as the change occurred after the date of the decision, this can not be taken into account when considering my reconsideration request however I report a change in circumstances."
Now I am taking this to the next step and going for a tribunal, so I'm not sure what to make of her wording, any help will be gladly appreciated, PS I'm consider in the shielding bracket so not sure if I'll be forced to a tribunal.
Regards Danny.
Now I am taking this to the next step and going for a tribunal, so I'm not sure what to make of her wording, any help will be gladly appreciated, PS I'm consider in the shielding bracket so not sure if I'll be forced to a tribunal.
Regards Danny.
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- Gordon
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4 years 10 months ago #248515 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changed occurred after the date of the decision.
D
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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A Tribunal can only consider your conditions and limitations as they were when the Decision being appealed was made, any changes that have occurred since then cannot be looked at.
You can report a Change but before you do there are some things that you need to consider.
First, reporting a Change will result in a new Decision, this will limit any result that you may have from the Tribunal although it does create a new right of appeal.
Secondly, a deterioration does not mean that you will score higher or sufficiently for a higher award, you need to be reasonably certain that this will happen before contacting the DWP.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
A Tribunal can only consider your conditions and limitations as they were when the Decision being appealed was made, any changes that have occurred since then cannot be looked at.
You can report a Change but before you do there are some things that you need to consider.
First, reporting a Change will result in a new Decision, this will limit any result that you may have from the Tribunal although it does create a new right of appeal.
Secondly, a deterioration does not mean that you will score higher or sufficiently for a higher award, you need to be reasonably certain that this will happen before contacting the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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