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Decision Maker Decided to supersede

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4 years 4 months ago #254356 by terabit3
Decision Maker Decided to supersede was created by terabit3
So I'm currently at the tribunal stage of an appeal. It seems to be getting rejected on the grounds of "the decision maker decided to supersede the previous decision on the grounds of receipt of medical evidence form a health care professional" .

However the paragraph before this statement says "There is no identifiable change in circumstance (or other grounds to revise or supersede)" so I'm very confused as to what I am actually appealing against. has anyone else come across this issue.

Nothing has changed from the last time I won my award.
I scored 15 point for daily living in 2017 and now I am scoring 0.

Thanks in advance

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4 years 4 months ago #254357 by Gary
Replied by Gary on topic Decision Maker Decided to supersede
Hi terabit3

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work .

By the sounds of it, I would say that DWP have revised their decision and notified HMCTS, unfortunately you don't seem to have been told what that decision is.

The first thing I would do is check with HMCTS: 0300 123 1142 and ask if your appeal is still live, if it is not, they may not be able to tell you the reason why except that DWP revised their decision in which case, contact DWP: 0800 121 4433 and ask them.

Depending on the decision you do not have to accept it, in which case you will have to make a new appeal. If you are not happy with the decision then I would wait until first payment hits your bank account and then put in a new appeal.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 4 months ago #254359 by terabit3
Replied by terabit3 on topic Decision Maker Decided to supersede
Sorry shouldn't have used the word rejected there.
I have a current live appeal I'm waiting on a date for a tribunal.
"the decision maker decided to supersede the previous decision on the grounds of receipt of medical evidence form a health care professional" .
This is the reason they changed my points from 15 to 0.

but as I said the paragraph before this statement says "There is no identifiable change in circumstance (or other grounds to revise or supersede)"

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4 years 4 months ago #254360 by BIS
Replied by BIS on topic Decision Maker Decided to supersede
Hi Terabit

Obviously, you have two very contradictory statements which is difficult to understand.

To your knowledge did the DWP at any time contact one of your health professionals, eg GP, consultant or any other medical professional involved in your care?
If they did you normally would know about it eg you would have had a text saying they needed to get more information. (However, the texts aren't always sent).

When you sent in your claim - did you provide any new medical evidence in the form of a letter from a professional which in any way could have been misinterpreted?
I ask this because professionals sometimes inadvertently write things which can be damaging to a claimant.

Did you have a telephone assessment? Have you seen the assessment report? The decision-maker may be saying the assessor is the 'health care professional' - in which case what did they say?

If you didn't send in any new evidence and wrote unchanged throughout the review form - do you have copies of previous letters and the same question applies - was there anything damaging in them?

I don't know when this decision came out. I would put in a call to the DWP and ask for a call back from a manager because you need to understand exactly who the 'health care professional is - and it is your right to know so that you can make a proper case for your tribunal. They might not want to do it, but a Tribunal panel would be very unimpressed if the DWP didn't explain.

BIS

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