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Advice on Appeal
- hopeymope
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12 years 22 hours ago - 12 years 22 hours ago #107461 by hopeymope
Advice on Appeal was created by hopeymope
Today I got a letter in the mail saying they will look over my information and if they do not agree they will pass of my appeal to a tribunal. I am WRAG group without a f2f. What does one do if they fail there appeal. I want to know my options before hand. I sent 3 doctors letters with my appeal.
Last edit: 12 years 22 hours ago by slugsta.
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- slugsta
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12 years 22 hours ago #107467 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Advice on Appeal
Hi HP,
As you say, your case will be reconsidered by a different Decision Maker and passed to the Tribunal Service if the recon is not in your favour.
I'm afraid that your options would be very limited if the appeal was not successful. The only way to take things further would be if the tribunal made an 'Error in Law'. This is unusual and warrants specialist advice. If such an Error in Law is found then the most usual outcome is for the decision to be set aside and another hearing scheduled.
What is an Error of Law?
While in the WRAG you will undergo periodic reassessment, even if you are not being paid due to the time-limitation. If any future assessment results in you being placed in the Support Group payment would recommence and continue for as long as you remained in this group.
If your condition has deteriorated to such a degree that you now meet the Support Group descriptors (either now or in the future) you can contact DWP and ask for a 'supersession'. This would trigger the reassessment process. The onus would be entirely on you to prove that 1) Your condition has deteriorated since the last decision was made and 2) that you now meet the Support Group descriptors
Qualifying for the Support Group
As you say, your case will be reconsidered by a different Decision Maker and passed to the Tribunal Service if the recon is not in your favour.
I'm afraid that your options would be very limited if the appeal was not successful. The only way to take things further would be if the tribunal made an 'Error in Law'. This is unusual and warrants specialist advice. If such an Error in Law is found then the most usual outcome is for the decision to be set aside and another hearing scheduled.
What is an Error of Law?
While in the WRAG you will undergo periodic reassessment, even if you are not being paid due to the time-limitation. If any future assessment results in you being placed in the Support Group payment would recommence and continue for as long as you remained in this group.
If your condition has deteriorated to such a degree that you now meet the Support Group descriptors (either now or in the future) you can contact DWP and ask for a 'supersession'. This would trigger the reassessment process. The onus would be entirely on you to prove that 1) Your condition has deteriorated since the last decision was made and 2) that you now meet the Support Group descriptors
Qualifying for the Support Group
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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