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What can I do now?

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11 years 1 month ago - 11 years 1 month ago #101522 by lizzie23
What can I do now? was created by lizzie23
Really sorry but I need some more advice please. I have had my Tribunal against a wrag decision as I feel I should be in support group. The appeal process was extremely unpleasant and I did not feel that the attending Doctor was impartial. I failed my appeal and was extremely distressed. Seven days later I had a serious Heart attack and have had seven stents fitted. I am now too late to take advice on appealing the decision on a point of law so please could you advise what I can now do to try and get into the support group? I am really unwell at the moment and really wouold appreciate any advice you are able to offer. Many thanks.
Last edit: 11 years 1 month ago by . Reason: Tick.

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11 years 1 month ago #101524 by slugsta
Replied by slugsta on topic What can I do now?
I am sorry to hear that the tribunal went against you and that you have been so poorly since. You can contact DWP and ask for a 'supersession' of your ESA on the grounds that you now meet the Support Criteria due to your new condition. This would start the merry-go-round all over again so you should expect to receive another ESA50 and possibly a face-to-face assessment. it would be entirely up to you to prove that you have this new condition and that, because of it, you now meet the SG descriptors. I must warn you that, as with any reassessment, ths does carry the risk of losing ESa altogether, so you should feel certain that your WRAG is safe before you go ahead.

Is there any risk to challenging a decision?

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11 years 1 month ago #101526 by lizzie23
Replied by lizzie23 on topic What can I do now?
Thank you very much for your advice. I had medical evidence on the day of the Tribunal but the Doctor dismissed it as the Specialist appointment was after the initial medical in February. I tried telling him that it applied to my current situation at that time but he just wouldn't accept it. He was extremely dismissive of anything I said and very intimidating. I had chest pains prior to the Tribunal and for the week after. I just wish that these people knew how stressful this whole process is. I would like to thank you again for your help and will have to think carefully in view of what has happened as to whether I am able to carry on with this process. Thank you

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11 years 1 month ago #101548 by slugsta
Replied by slugsta on topic What can I do now?
The tribunal was, in effect, considering remaking the original decision and could only look at the situation as it was when that original decision was made. They cannot look at anything that has happened in the interim, even if it was present at the time of the tribunal.

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11 years 1 month ago #101562 by Gordon
Replied by Gordon on topic What can I do now?
Lizzie23

Looking at your previous posts, the Tribunal was in December of last year. You said you had written to the Tribunal Service for a Statement of Reasons, have you received this yet?

You normally have one month from the date of the SoR to lodge an appeal with the Upper Tribunal, so if you have not received the SoR or are still within the one month, then there is still an opportunity to contest the Decision.

Even if you are outside of the month, I would still get face to face advice as it may be possible to lodge a late appeal due to your ill health following the original Tribunal hearing.

Gordon

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