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Tribunal or a new medical?

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6 years 4 months ago #200478 by ccactus
Tribunal or a new medical? was created by ccactus
I have finally received my Mandatory Reconsideration this morning, and as expected the decision was upheld; I was only awarded 6 months in the substantial risk category; and appealed to be placed in the support group. The Man Recon is fully of inaccuracies for instance I stated I was not wearing a coat at my medical or carrying anything ( the man con now states I was not only wearing a coat but also scarf which I removed in the medical).Which obviously I was wearing neither.
Whilst awaiting for the man con I have since received a new ESA50 which I am in the process of filling in.
My questions are:-
Would it prudent to appeal the man con, or wait until I have yet a new medical and then go through the appeal stages again.
I am unsure as to how it would work if I was to appeal, whilst awaiting a new medical. For instances if I was to fail at tribunal; and found me fit for work, ( I am appealing against being put into the work related group) would this make the new medical null an void and therefore I would be forced onto JS. Also as the award was for 6 months is it worth it.
I now have a new medical condition, whilst I know this can't be used for the tribunal, I am wondering if it is best to go to tribunal and if I fail, I can at least at I have a new medical condition.
I am also confused as to the latter part of the man con; it states that all though I am a substantial risk to myself and others at the moment, I am in the work-related group, and that the most demanding type of work related activity could be for me to partake in the Expert Patient Programme, due to my health conditions and the least is to attend a Pain Management Programme? In another paragraph it states 'work related activity does not require you to seek, apply for or undertake work'?
Sorry for the questions, but I am sure I have read somewhere on the forum about the times you can appeal at tribunal (I can't find the section now), and therefore do not want to waste it.
Any help or advice would be very much appreciated, as I am very confused at this stage.

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6 years 4 months ago #200499 by Gordon
Replied by Gordon on topic Tribunal or a new medical?
ccactus

A reassessment will create a new Decision on your claim which will supersede any previous Decisions including one at a Tribunal in regard to your current award, as a Tribunal re-makes the original Decision and applies from the new date.

So if you think that a reassessment is close then it may be prudent to wait, especially if there has been a deterioration in your conditions since your award was made, which you correctly point out cannot be taken into account by the appeal panel.

Be aware that in either case you could still be waiting for some time on the current award as appeals are now taking 5-6 months in most areas and there are even longer delays in the ESA assessment process.

As a reassessment creates a new Decision would also have a new right of appeal against that Decision.

Gordon

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

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6 years 4 months ago #200553 by ccactus
Replied by ccactus on topic Tribunal or a new medical?
Thank you for your reply Gordon, I was very confused by my Mand Recon, as it was like reading another persons medical and it actually does not match what the HCA reports states, which is nothing like my ESA50 or what happened in the medical itself, therefore I feel I have three different accounts, mine, the HCA and now the Mand Recon; which I felt would be ideal example of the incompetence's of these people; if I took it too tribunal; I had forgotten that each award supersedes the last, so thank you for that reminder.
As I am at the end of my tether with the constant medicals etc, I feel that perhaps it would be best to try and find work although it will be difficult to find something that I am able to do with my various aliments, my questions are:-
If I found some kind of work or a voluntary position (part time) before my medical would that go against me i.e. you can do 16 hours therefore you can do 40 hours,
Would any money I earned then by deducted from any award given?
Last but not least, would the fact I was working or volunteering mean I would not have to go to constant job clubs and back to work interviews ( I ask because I live miles from my nearest job centre)

Thank you for time and patience's with all my questions Gordon, I don't know what everyone would do without this fantastic site.

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6 years 4 months ago #200573 by Gordon
Replied by Gordon on topic Tribunal or a new medical?
ccactus

You can do Permitted Work, there is a guide in the ESA section, for up to but not including 16 hours a week, the monies will not be deducted from your ESA or other benefits, however, your doing the work will be notified to the assessor and they will take it into account in making a recommendation to the DWP, so you will need to show that it does not conflict with the reasons that you have been awarded ESA in the first place.

Gordon

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