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- fastmoggy
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5 years 8 months ago #224796 by fastmoggy
superseded decision, Implications resultiing from was created by fastmoggy
As we know, the mandatory reconsideration decision will supersede the original decision, sometimes not in a positive way, but I'm just wondering, In the MR they have now included items I pointed out ( items in our favour ) that wasn't mentioned in the original DM report to bolster their decision on the original dismissive report. these would be items like having to hold onto items of furniture etc for balance to do the requested tests for the HCP. This was not unexpected but now creating a little extra work here.
My question now is, at the tribunial can i use any of the original decision for appeal or have we to go wholy on the MR decision ?
AT the moment we have gone from ehanced to nothing so basically nothing to loose but everything to 're' gain
My question now is, at the tribunial can i use any of the original decision for appeal or have we to go wholy on the MR decision ?
AT the moment we have gone from ehanced to nothing so basically nothing to loose but everything to 're' gain
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5 years 8 months ago #224797 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic superseded decision, Implications resultiing from
fastmoggy
You need to overlay the MR Decision over the original one to create a composite set of reasons for you to argue against, so if the holding onto furniture was something that was conceded in the MR then you would argue against this rather than the original report, but if there was an area that was not covered in the MR then it would be the original Decision that you would comment on.
Gordon
You need to overlay the MR Decision over the original one to create a composite set of reasons for you to argue against, so if the holding onto furniture was something that was conceded in the MR then you would argue against this rather than the original report, but if there was an area that was not covered in the MR then it would be the original Decision that you would comment on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 8 months ago #224802 by fastmoggy
Replied by fastmoggy on topic superseded decision, Implications resultiing from
Holding on to furniture was in the MR to say she could do tests for HCP whilst holding onto them but not mentioned in the original decision where she tried to do the tests and not mentioned.
To me, one would suggest she did the tests unaided but on the MR did so with support to retain the original decision.
Like i said, a little extra work for the weekend then appeal sent off next week and just a case of wait and see.
To me, one would suggest she did the tests unaided but on the MR did so with support to retain the original decision.
Like i said, a little extra work for the weekend then appeal sent off next week and just a case of wait and see.
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