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additional diagnonsis whilst appeal pending.
- petrocelli
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13 years 4 weeks ago #89364 by petrocelli
additional diagnonsis whilst appeal pending. was created by petrocelli
might you be able to advise please.
appeal for WRAG to SUPPORT has been submitted along with delayed 6 page consultants report.
recently however, been diagnosed with COPD (progressive incurable lung disease). Should i submit letter at this stage or wait to see how appeal goes?
am confused.
thnks.
appeal for WRAG to SUPPORT has been submitted along with delayed 6 page consultants report.
recently however, been diagnosed with COPD (progressive incurable lung disease). Should i submit letter at this stage or wait to see how appeal goes?
am confused.
thnks.
- Gordon
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13 years 4 weeks ago #89371 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:additional diagnonsis whilst appeal pending.
petrocelli wrote:
The effects of this condition must contribute to your being unable to meet the ESA descriptors.
If you believe this will will help you get the Decision overturned whilst still in the Reconsideration phase then it would be to your advantage to send it in now.
Gordon
You need to show that you were suffering from the effects of the condition at the time of the original Decision. It is important that any new evidence that you submit makes this clear.might you be able to advise please.
appeal for WRAG to SUPPORT has been submitted along with delayed 6 page consultants report.
recently however, been diagnosed with COPD (progressive incurable lung disease). Should i submit letter at this stage or wait to see how appeal goes?
am confused.
thnks.
The effects of this condition must contribute to your being unable to meet the ESA descriptors.
If you believe this will will help you get the Decision overturned whilst still in the Reconsideration phase then it would be to your advantage to send it in now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- petrocelli
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13 years 4 weeks ago #89374 by petrocelli
Replied by petrocelli on topic Re:additional diagnonsis whilst appeal pending.
thanks Gordon.
Whilst my then Asthma was declared, was not my primary reason for claiming. It has now progressed to COPD and am using different inhalers and now suffer breathlessness.
perhaps better at this stage to hold fire?
in a bad enough state waiting for appeal, definitely don't want to generate any additional anxieties due to it creating more complications during process!!!!!!!!!!!!
your work and website are so appreciated.
thanks.
petrocelli.
Whilst my then Asthma was declared, was not my primary reason for claiming. It has now progressed to COPD and am using different inhalers and now suffer breathlessness.
perhaps better at this stage to hold fire?
in a bad enough state waiting for appeal, definitely don't want to generate any additional anxieties due to it creating more complications during process!!!!!!!!!!!!
your work and website are so appreciated.
thanks.
petrocelli.
- Gordon
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13 years 4 weeks ago #89383 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:additional diagnonsis whilst appeal pending.
P
If there has been a defined deterioration in your health due to the COPD, that has occurred after the Decision on your claim was made, then it will not be admissable to the Reconsideration or the appeal as they can only consider your condition at the time of the Decision.
If you believe that your condition now, due to the COPD, would qualify for the Support Group, then you can ask for a SuperSession (re-assessment) of your claim on this basis. This can in in parallel to any appeal, but would potentially limit any back payments if successful.
If you did this then you need to be aware of the following
Is there any risk to challenging a decision?
Gordon
If there has been a defined deterioration in your health due to the COPD, that has occurred after the Decision on your claim was made, then it will not be admissable to the Reconsideration or the appeal as they can only consider your condition at the time of the Decision.
If you believe that your condition now, due to the COPD, would qualify for the Support Group, then you can ask for a SuperSession (re-assessment) of your claim on this basis. This can in in parallel to any appeal, but would potentially limit any back payments if successful.
If you did this then you need to be aware of the following
Is there any risk to challenging a decision?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Jim Allison
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13 years 4 weeks ago - 13 years 4 weeks ago #89384 by Jim Allison
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison on topic Re:additional diagnonsis whilst appeal pending.
petrocelli wrote:
Hi P,
Your pending Tribunal can only take account of how your condition and diagnosis was at the time the DWP Decision Maker (DM) reached their decision. Your condition has worsened since the date that decision so in order for your COPD to be considered you need to submit a new claim. This can run in tandem with your current appeal.
I speak not just as a retired WRO & former DLA Tribunal Member, but also has a chronic asthmatic and diagnosed with COPD ( bronchiectasis) two years ago.
Asthma, is with the right medication reversible, whilst COPD is not, so having a new diagnosis with an incurable disease is a change of circumstances and must be reported to the office dealing with your ESA, preferably in writing.
To reiterate, you pending appeal panel cannot take your COPD into account, so you need to make a new claim for COPD.
Hope this helps.
Jim
might you be able to advise please.
appeal for WRAG to SUPPORT has been submitted along with delayed 6 page consultants report.
recently however, been diagnosed with COPD (progressive incurable lung disease). Should i submit letter at this stage or wait to see how appeal goes?
am confused.
thnks.
Hi P,
Your pending Tribunal can only take account of how your condition and diagnosis was at the time the DWP Decision Maker (DM) reached their decision. Your condition has worsened since the date that decision so in order for your COPD to be considered you need to submit a new claim. This can run in tandem with your current appeal.
I speak not just as a retired WRO & former DLA Tribunal Member, but also has a chronic asthmatic and diagnosed with COPD ( bronchiectasis) two years ago.
Asthma, is with the right medication reversible, whilst COPD is not, so having a new diagnosis with an incurable disease is a change of circumstances and must be reported to the office dealing with your ESA, preferably in writing.
To reiterate, you pending appeal panel cannot take your COPD into account, so you need to make a new claim for COPD.
Hope this helps.
Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 4 weeks ago by Jim Allison. Reason: Corrected information
- petrocelli
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13 years 3 weeks ago #89572 by petrocelli
Replied by petrocelli on topic Re:additional diagnonsis whilst appeal pending.
hi jim
have i understood you corectly.
i must inform the office dealing with my ESA(who is that exactly- the same place i sent my appeal papers to?).
if i want my claim based mostly on my COPD, i must make a new claim?
will GPs letter suffice, not referred to hosp consultant yet.
kind regards
p.
have i understood you corectly.
i must inform the office dealing with my ESA(who is that exactly- the same place i sent my appeal papers to?).
if i want my claim based mostly on my COPD, i must make a new claim?
will GPs letter suffice, not referred to hosp consultant yet.
kind regards
p.
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