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Can you challenge a decision makers review date?
- alex g
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14 years 1 week ago #36482 by alex g
Can you challenge a decision makers review date? was created by alex g
I suspect not but thought i would ask.
In my case pass the IB PCA doctors report states " The customers MH probs cause severe disability"
"I advise the claimant's condition should improve significantly within 18 months"
" The customers level of diability would be expected to improve with time and appropriate treatment"
The dr seems to be working on a time line of 18mths but DWP say review date 23/2/11.
I just think that their review date is too soon when dr saying 18mths.
Can i get a copy of the decision makers report?
Thanks
In my case pass the IB PCA doctors report states " The customers MH probs cause severe disability"
"I advise the claimant's condition should improve significantly within 18 months"
" The customers level of diability would be expected to improve with time and appropriate treatment"
The dr seems to be working on a time line of 18mths but DWP say review date 23/2/11.
I just think that their review date is too soon when dr saying 18mths.
Can i get a copy of the decision makers report?
Thanks
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- Gordon
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14 years 1 week ago #36486 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Can you challenge a decision makers review date?
alex g
The 18 months is an opinion and nothing more, the Decision Maker is entitled to set a review date for whenever they feel appropriate.
You don't say how long it is since the decision and how often previous reviews have been carried out, so it impossoble to say whether the decision is reasonable or not.
It is possible to challenge the date, however, you would need to provide evidence that a recovery could not be expected on these timescales. You need to be aware that you can not appeal a single aspect of a previous benefit decision, the whole decision is subject to review, which could lead to a loss of benefit.
You should seek face to to face advice from a suitable advisor, before making a decision whether to progress this matter.
Gordon
The 18 months is an opinion and nothing more, the Decision Maker is entitled to set a review date for whenever they feel appropriate.
You don't say how long it is since the decision and how often previous reviews have been carried out, so it impossoble to say whether the decision is reasonable or not.
It is possible to challenge the date, however, you would need to provide evidence that a recovery could not be expected on these timescales. You need to be aware that you can not appeal a single aspect of a previous benefit decision, the whole decision is subject to review, which could lead to a loss of benefit.
You should seek face to to face advice from a suitable advisor, before making a decision whether to progress this matter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- alex g
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14 years 1 week ago #36494 by alex g
Replied by alex g on topic Re:Can you challenge a decision makers review date?
Thanks Gordon i don't intend to challenge i don't have the energy.
The decision was made based on my medical 23/8/10.
My medical before that was May 2008.
Can i get a copy of the decision makers report?
Thanks
Alex
The decision was made based on my medical 23/8/10.
My medical before that was May 2008.
Can i get a copy of the decision makers report?
Thanks
Alex
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- Gordon
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14 years 1 week ago #36496 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Can you challenge a decision makers review date?
Sorry I forgot. 
You need to send in a Subject Access Request, there is a guide in the Members section under "Other benefit info" at the bottom of the page.
Gordon
You need to send in a Subject Access Request, there is a guide in the Members section under "Other benefit info" at the bottom of the page.
Gordon
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- Crazydiamond
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14 years 1 week ago #36502 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:Can you challenge a decision makers review date?
alex g wrote:
Normally you cannot challenge the review date suggested by the doctor/nurse on the IB85, because it is what is known as a determination and not a decision.
In your case however, where the review date is set at a much shorter time than suggested by the Atos medical assessor, you are perfectly entitled to obtain an explanation as to why the February 2011 was selected? I suspect is may have something to do with ESA migration starting in April 2011, but that is only speculation on my part. It is likely that there is some official instructions to the IB decision makers to set a shorter review date in anticipation of ESA migration for existing IB claimants.
You can write to the DWP to elicit the information you require at the same time as asking for your medical reports, as you do not need a subject access request to obtain these reports. A letter will suffice.
I suspect not but thought i would ask.
In my case pass the IB PCA doctors report states " The customers MH probs cause severe disability"
"I advise the claimant's condition should improve significantly within 18 months"
" The customers level of diability would be expected to improve with time and appropriate treatment"
The dr seems to be working on a time line of 18mths but DWP say review date 23/2/11.
I just think that their review date is too soon when dr saying 18mths.
Can i get a copy of the decision makers report?
Thanks
Normally you cannot challenge the review date suggested by the doctor/nurse on the IB85, because it is what is known as a determination and not a decision.
In your case however, where the review date is set at a much shorter time than suggested by the Atos medical assessor, you are perfectly entitled to obtain an explanation as to why the February 2011 was selected? I suspect is may have something to do with ESA migration starting in April 2011, but that is only speculation on my part. It is likely that there is some official instructions to the IB decision makers to set a shorter review date in anticipation of ESA migration for existing IB claimants.
You can write to the DWP to elicit the information you require at the same time as asking for your medical reports, as you do not need a subject access request to obtain these reports. A letter will suffice.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- alex g
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14 years 1 week ago #36505 by alex g
Replied by alex g on topic Re:Can you challenge a decision makers review date?
Thank you i thought it was to do with the migration onto ESA.
As i understand it they are bringing in a new WCA test for ESA from April 2011 but we don't know what the new descriptors will be>
I will write to DWP where i got the med report from and ask for a copy of the decision makers report.
Thanks
As i understand it they are bringing in a new WCA test for ESA from April 2011 but we don't know what the new descriptors will be>
I will write to DWP where i got the med report from and ask for a copy of the decision makers report.
Thanks
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