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Appeal Decisions

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6 years 10 months ago #190879 by mobbba
Appeal Decisions was created by mobbba
Hi Gordon....This is hypothetical as I have not had a reply from my MR yet.

If I have enhanced mobility and mid daily living, could I appeal if I think I should have high Daily living?

If the answer is yes, can the appeal court take away any of my award which I already have?

Thank you

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6 years 10 months ago #190898 by Gordon
Replied by Gordon on topic Appeal Decisions
mobbba

Yes you can appeal.

If the Judge of you appeal believes that you current award is at risk then they are required to inform the claimant and give them the opportunity to withdraw their appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mobbba

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6 years 10 months ago #190969 by mobbba
Replied by mobbba on topic Appeal Decisions
Thank you Gordon....Just to be clear, Would the Judge tell you at your hearing in person, that you may lose your award? To give you chance to withdraw appeal?

What would happen with paper appeal?

Also how long are MR taking at the present time. I know they have no time limit to make a decision, but on the forum how long is it taking?

Thanks once again Gordon. I am now fixated on the postman and brown envelopes :unsure:

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6 years 10 months ago #191019 by Gordon
Replied by Gordon on topic Appeal Decisions
mobbba

The Judge will speak to you at the beginning of the hearing along the lines of the following;

they will remind you that a Tribunal can reduce an existing award or even remove it should they believe that they are justified in doing so, you should get trained advice about your appeal before continuing and they adjourning the hearing to allow you to do this.

For a paper appeal they will write to you recommending that you attend the hearing and then include a statement similar to the one above.

Be aware that they can write to a claimant with Paper appeal requesting they attend for other reasons, the thing to look out for is the referral to trained advice.

Gordon

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

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