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ANKYLOSING SPONYLITIS RECONSIDERATION

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11 years 5 months ago - 11 years 5 months ago #113762 by Steve Blue
Replied by Steve Blue on topic ANKYLOSING SPONYLITIS RECONSIDERATION
So if the original appeal against the decision made in Nov '12 confirms my dad should have been placed within the Support Group, then the 365 days should in theory start from his July assessment date?

It is possible that the judge might make a decision which may override my dad's July assessment too? I only ask as we've a friend in a similar circumstance whereby they've been placed in the Support Group for 18 months or so, and have have not been bothered by the DWP since.
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #113771 by Gordon
Replied by Gordon on topic ANKYLOSING SPONYLITIS RECONSIDERATION

Bluebear wrote: So if the original appeal against the decision made in Nov '12 confirms my dad should have been placed within the Support Group, then the 365 days should in theory start from his July assessment date?

It is possible that the judge might make a decision which may override my dad's July assessment too? I only ask as we've a friend in a similar circumstance whereby they've been placed in the Support Group for 18 months or so, and have have not been bothered by the DWP since.


If your father wins their original appeal and is placed in the Support Group, but the latest assessment results in a WRAG placement again then the 365 days will start from the date of the letter placing them in the WRAG, not July.

The panel looking at his original appeal can only consider matters related to the original Decision, any Decision resulting from the July assessment is outside of their control and supercedes any Decision that the panel makes from the date it is made. So the panels Decision covers the period from the date of the original Decision to the date that a new Decision is made.

Gordon

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11 years 5 months ago - 11 years 5 months ago #113803 by Steve Blue
Replied by Steve Blue on topic ANKYLOSING SPONYLITIS RECONSIDERATION
So baring in mind that the panels decision covers the period from the date of the original decision (Nov) to the date that the new decision is made (July)...

...that would mean that when the hearing comes through for the decision made in Nov, if it works in our favor and the courts decide that my dad should have been placed within the Support Group, theoretically then my dad would have remained there until the July assessment placed him in WRAG.

So shouldn't my dad's benefit theoretically be extended for 6 months? As if the courts decide regarding the Nov decision that my dad should have been in the Support Group, then he would only have been in the WRAG group from his July assessment until his benefit stops this week, which would only be approx 6 months, not 12.
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #113805 by Gordon
Replied by Gordon on topic ANKYLOSING SPONYLITIS RECONSIDERATION

Bluebear wrote: So baring in mind that the panels decision covers the period from the date of the original decision (Nov) to the date that the new decision is made (July)...

...that would mean that when the hearing comes through for the decision made in Nov, if it works in our favor and the courts decide that my dad should have been placed within the Support Group, theoretically then my dad would have remained there until the July assessment placed him in WRAG.

So shouldn't my dad's benefit theoretically be extended for 6 months? As if the courts decide regarding the Nov decision that my dad should have been in the Support Group, then he would only have been in the WRAG group from his July assessment until his benefit stops this week, which would only be approx 6 months, not 12.


You need to separate the July assessment and the Decision related to it, when it arrives, they are not the same.

Decisions apply from the date of the letter notifying your that the Decision has been made, unless they state otherwise, which they very rarely do.

As an example, assume your father wins his appeal and is given the result of his latest assessment on 1 December then,

06/12 - 30/11/13 --- Support Group
01/12/13 - 30/11/14 --- WRAG in payment
01/12/14 --- WRAG ESA(CB) payment stops

I hope this explains it

Gordon

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11 years 5 months ago - 11 years 5 months ago #113806 by Steve Blue
Replied by Steve Blue on topic ANKYLOSING SPONYLITIS RECONSIDERATION
Sorry. I've been writing letters now for around 7 months near constantly. Am very stressed. I don't quite follow your example. Are my questions not specific enough? I understand that they are separate decisions. Should I try to word my query another way? Sorry.
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #113807 by Gordon
Replied by Gordon on topic ANKYLOSING SPONYLITIS RECONSIDERATION

Bluebear wrote: Sorry. I've been writing letters now for around 7 months near constantly. Am very stressed. I don't quite follow your example. Are my questions not specific enough? I understand that they are separate decisions. Should I try to word my query another way? Sorry.


OK you need to take a step back, you are not reading what I have written, but rather what you assume I have written :)

You are assuming that the date of the new Decision, that your father is still waiting on, will be the same as the date of the assessment in July , it is not! The Decision will apply from the date on the letter notifying your Dad about it, so if he got the letter tomorrow the date of the Decision will most likely be 19 November 2013. In my example I used a date of 1 December for simplicity.

Gordon

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