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TOPIC: Really confused and worried - Appeal

Really confused and worried - Appeal 2 months 2 weeks ago #187103

I really don't know how anyone is expected to deal with this so called system and set up!

I now have the big brown envelope with the medical report information in from my face to face assessment which took place in December last year, I asked for the MR as I as was previously on HRM and HRC of DLA indefinite and on my switch was awarded only middle rate for both, and since being on DLA my conditions have deteriorated!

They looked at the decision and awarded me more points for for care but it still let me with the same award so I went to appeal as the info they used and sent back was not at all right and completely misconstrued - at in some of it, lies!

Anyway - I now have the report back and they have chosen to only document what they see fit it would appear and not the appointment as it was which I find exasperating - I find these things hard enough as it is without all of this, and to have to do another even more stressful face to face is just insult to injury!

But what is really getting me now, after all my efforts, they have changed the rules yet again, so I have no idea on how I am supposed to write up my appeal - to the old rules or the new rules which would make a complete nonsense of what i have written before!

I am already confused and worried and just don't want to cope with this! :angry: :(

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Really confused and worried - Appeal 2 months 2 weeks ago #187134

Oscarab

Providing the Decision you are appealing was made before 16 March then it will be based on the old Descriptors and the three Judge UTT Decision applies, but remember this Decision only extended the reasons why a claimant may not be able to follow a familiar route, this Descriptor is still fundamentally about navigation and you must explain your problems with doing this to be successful.

Also if you scored the 10 points for Descriptor (e) of the Going Out activity then be aware that this Descriptor and (f) are considered to be mutually exclusive. In other words, if it is accepted that you can't go out then you ability to follow a route will not be looked at, conversely, if you can go out but cannot follow a route then you would be arguing that you no longer meet the criteria for (e).

If you have further questions then pleas reply to this post and we will do our best to help.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gordon.
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