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A.T.O.S Medical no option bar to appeal
14 years 2 weeks ago #34897 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:A.T.O.S Medical no option bar to appeal
Bill
With regard to the GL24, whilst this has to be returned within 4 weeks of the Decision letter and there is benefit to submitting evidence with it, it is not mandatory to do so, and it is certainly not necessary to submit all of your evidence on this timescale.
Once your appeal has be lodged you will be contacted by the Tribunal Service with a possible date for your appeal, at the moment this is averaging 5-6 months depending on region. You can continue to provide evidence to the TS up to shortly before your appeal, although the sooner you do so the better.
The DWP should not use evidence from an ESA medical when looking at your DLA benefit, but they do. The point I was trying to make was, that if this is going to initiate a review of your DLA, this will happen whether you challenge the 100 metres or not.
I don't think there is an implicit acceptance of the 100 metres, because you only need to appeal the decision to get into the Support Group, if you were happy to stay in the WRAG then there would be no grounds for an appeal. Does that make sense?
Gordon
With regard to the GL24, whilst this has to be returned within 4 weeks of the Decision letter and there is benefit to submitting evidence with it, it is not mandatory to do so, and it is certainly not necessary to submit all of your evidence on this timescale.
Once your appeal has be lodged you will be contacted by the Tribunal Service with a possible date for your appeal, at the moment this is averaging 5-6 months depending on region. You can continue to provide evidence to the TS up to shortly before your appeal, although the sooner you do so the better.
The DWP should not use evidence from an ESA medical when looking at your DLA benefit, but they do. The point I was trying to make was, that if this is going to initiate a review of your DLA, this will happen whether you challenge the 100 metres or not.
I don't think there is an implicit acceptance of the 100 metres, because you only need to appeal the decision to get into the Support Group, if you were happy to stay in the WRAG then there would be no grounds for an appeal. Does that make sense?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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