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Error in law
- Johnny81
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8 years 3 weeks ago #156474 by Johnny81
Replied by Johnny81 on topic Error in law
Thanks I will discus with my GP then.
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- Johnny81
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7 years 11 months ago #160140 by Johnny81
Replied by Johnny81 on topic Error in law
Hi Gordon I'm just following up with a few questions regarding accruing further evidence for my ESA tribunal. I suffer from severe back pain and sciatica (I have previous been on ESA for 12 months in the WRAG but in February they deemed me fit for work)
I have got a letter of support from my physiotherapist regarding my condition however I have only been with her for the last couple of months. I didn't do any physio before the fit for work decision was made. Can they still consider this?
I have seen a GP recently 3 times now and he knows about my appeal however I first saw him after the fit for work decision was made. Do I need to get a doctors report from a GP that saw me before the fit for work decision was made or can something from him be useful?
Unfortunately I have only seen one other GP once in the last year as I didn't need to attend the surgery as I was in the WRAG. I saw him in January, the fit for work decision was made in February. Out of interest can a GP write a letter of support just from seeing me once?
I am also due to have a MRI scan on 06/06/16. I am worried that I can't get the supportive evidence that is relevant before the fit for work decision was made. I think I could get evidence now but I don't if this would be considered.
Many thanks,
John.
I have got a letter of support from my physiotherapist regarding my condition however I have only been with her for the last couple of months. I didn't do any physio before the fit for work decision was made. Can they still consider this?
I have seen a GP recently 3 times now and he knows about my appeal however I first saw him after the fit for work decision was made. Do I need to get a doctors report from a GP that saw me before the fit for work decision was made or can something from him be useful?
Unfortunately I have only seen one other GP once in the last year as I didn't need to attend the surgery as I was in the WRAG. I saw him in January, the fit for work decision was made in February. Out of interest can a GP write a letter of support just from seeing me once?
I am also due to have a MRI scan on 06/06/16. I am worried that I can't get the supportive evidence that is relevant before the fit for work decision was made. I think I could get evidence now but I don't if this would be considered.
Many thanks,
John.
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7 years 11 months ago #160158 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Error in law
Johnny
The appeal panel will not be able to consider any new evidence unless the person producing it makes it clear that they believe it was applicable on the day that you were assessed, you'll have to speak to each person and ask whether they can do this or not, the GP may be a problem as they had not seen you at this time, but may still be able to depending on the conditions.
Gordon
The appeal panel will not be able to consider any new evidence unless the person producing it makes it clear that they believe it was applicable on the day that you were assessed, you'll have to speak to each person and ask whether they can do this or not, the GP may be a problem as they had not seen you at this time, but may still be able to depending on the conditions.
Gordon
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7 years 10 months ago #161737 by Johnny81
Replied by Johnny81 on topic Error in law
Hi Gordon,
Just to let you know I had my tribunal hearing today and I have won my appeal, they have placed me back in the WRAG. I would like to thank you for all the helpful info that you gave me.
Will the DWP back pay me what I'm entitled to as I have just been on the assessment rate for about the last 3 and half months while I appealed?
Best wishes,
John.
Just to let you know I had my tribunal hearing today and I have won my appeal, they have placed me back in the WRAG. I would like to thank you for all the helpful info that you gave me.
Will the DWP back pay me what I'm entitled to as I have just been on the assessment rate for about the last 3 and half months while I appealed?
Best wishes,
John.
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7 years 10 months ago #161744 by Gordon
Very pleased for you. Well done.
It usually takes the DWP 5-8 weeks to process a Tribunal Result. I would give them a ring next week to make sure that they have received the Decision Notice, it's depressing how many they appear to lose.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Error in law
Johnny81 wrote: Hi Gordon,
Just to let you know I had my tribunal hearing today and I have won my appeal, they have placed me back in the WRAG. I would like to thank you for all the helpful info that you gave me.
Will the DWP back pay me what I'm entitled to as I have just been on the assessment rate for about the last 3 and half months while I appealed?
Best wishes,
John.
Very pleased for you. Well done.
It usually takes the DWP 5-8 weeks to process a Tribunal Result. I would give them a ring next week to make sure that they have received the Decision Notice, it's depressing how many they appear to lose.
Gordon
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7 years 10 months ago #161745 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Error in law
That's great news Johnny! Yes, you will get your back payment in due time although it often takes DWP to process the tribunal decision. You might be able to speed this up a little by sending DWP a copy of your tribunal decision letter.
If you are currently having to submit fitnotes you should continue to do so until told otherwise by DWP.
If you are currently having to submit fitnotes you should continue to do so until told otherwise by DWP.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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