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Mental health grounds and taking it to an appeal
- Just me098
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8 years 3 months ago #147194 by Just me098
Mental health grounds and taking it to an appeal was created by Just me098
Hello,
I received a letter today from the Mandatory Reconsideration I put in and thankfully I am still going to get enhanced rate for daily living. I have been awarded with standard rate for mobility. I suffer with severe depression since the age of 7, intense anxiety and panic attacks.
My question is, what is the stats on people going to appeal at a tribunal and being awarded with the enhanced rate for both components? I would like to put an appeal in to get the enhanced rate for both components.
Is it common for someone to get their entire award taken away from them once they take it to an appeal level or are they not as harsh as some of these decision makers working for the DWP?
Kind regards
I received a letter today from the Mandatory Reconsideration I put in and thankfully I am still going to get enhanced rate for daily living. I have been awarded with standard rate for mobility. I suffer with severe depression since the age of 7, intense anxiety and panic attacks.
My question is, what is the stats on people going to appeal at a tribunal and being awarded with the enhanced rate for both components? I would like to put an appeal in to get the enhanced rate for both components.
Is it common for someone to get their entire award taken away from them once they take it to an appeal level or are they not as harsh as some of these decision makers working for the DWP?
Kind regards
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8 years 3 months ago #147207 by Gordon
I don't believe the Tribunal statistics give a break down of success/failure at an award level.
The Tribunal Service is an independent organisation from the DWP and will look at your claim from scratch and with an unbiased eye.
Their responsibility is to evaluate the evidence and make an award as appropriate. It would be unusual for them to remove an existing award, but you need to be aware that they are re-making the Decision appealed and can make any award or not that the DM could have made. If there is a danger that your existing award could be reduced or removed then they are required to inform in advance of the hearing and offer you the opportunity to withdraw your appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mental health grounds and taking it to an appeal
JuSt me098 wrote: Hello,
I received a letter today from the Mandatory Reconsideration I put in and thankfully I am still going to get enhanced rate for daily living. I have been awarded with standard rate for mobility. I suffer with severe depression since the age of 7, intense anxiety and panic attacks.
My question is, what is the stats on people going to appeal at a tribunal and being awarded with the enhanced rate for both components? I would like to put an appeal in to get the enhanced rate for both components.
Is it common for someone to get their entire award taken away from them once they take it to an appeal level or are they not as harsh as some of these decision makers working for the DWP?
Kind regards
I don't believe the Tribunal statistics give a break down of success/failure at an award level.
The Tribunal Service is an independent organisation from the DWP and will look at your claim from scratch and with an unbiased eye.
Their responsibility is to evaluate the evidence and make an award as appropriate. It would be unusual for them to remove an existing award, but you need to be aware that they are re-making the Decision appealed and can make any award or not that the DM could have made. If there is a danger that your existing award could be reduced or removed then they are required to inform in advance of the hearing and offer you the opportunity to withdraw your appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Just me098
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- Just me098
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8 years 3 months ago #147209 by Just me098
Replied by Just me098 on topic Mental health grounds and taking it to an appeal
Thanks. So in theory I don't have much to loose by taking it to an appeal because they will inform me in advance if they would reduce it or take it all away if I wanted to carry on with the appeal?
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8 years 3 months ago #147211 by Just me098
Replied by Just me098 on topic Mental health grounds and taking it to an appeal
Would they know what I was talking about if I were to refer to the 2 judges opinions that you have posted on this website in regards to mental health issues and planning and undertaking journeys?
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- Gordon
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8 years 3 months ago #147218 by Gordon
Yes, this is standard Tribunal procedure.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mental health grounds and taking it to an appeal
JuSt me098 wrote: Thanks. So in theory I don't have much to loose by taking it to an appeal because they will inform me in advance if they would reduce it or take it all away if I wanted to carry on with the appeal?
Yes, this is standard Tribunal procedure.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 3 months ago #147221 by Gordon
Yes, they should be aware of these Judgements, just refer to them by their titles.
There should be no need to include a copy of the Decision, but you can quote sections if you are trying to make a specific points, ensure that you include the original paragraph numbering if you do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mental health grounds and taking it to an appeal
JuSt me098 wrote: Would they know what I was talking about if I were to refer to the 2 judges opinions that you have posted on this website in regards to mental health issues and planning and undertaking journeys?
Yes, they should be aware of these Judgements, just refer to them by their titles.
There should be no need to include a copy of the Decision, but you can quote sections if you are trying to make a specific points, ensure that you include the original paragraph numbering if you do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Just me098
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