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12 years 3 months ago #79248 by Gordon
Replied by Gordon on topic Re:re-assessment
Leigh wrote:

Hello Gordon. Can I request a re-assessment? I have received a letter to say that if I provide further evidence in support of my Appeal, I many not need to go in front of a tribunal and a revision of my appeal will be made in my favour (their words). The letter has a code at the base (CAP 23). I can find no information on CAP 23. Please advise. Thank you very much.

You appear to be in the middle of an appeal, the first stage of which is a Reconsidertion.

The letter you have received is a standard letter issued by the Decision Maker carrying out the Reconsideration, asking you if you have any additional information or whether you can clarify any of your existing evidence.

If you have, you should send this information as quickly as possible as there is only a small window of time where the DM will wait for it.

If the DM can revise the Decision in your favour, then they will do so and update your claim, however, if they cannot, then it will be forwarded to the Tribunal Service to hold a hearing.

Wth regard to a re-assessment, yes you can request one, but only if you can show that there has been a deterioration in you existing conditions or you have a new condition since the Decision you are appealing was made.

Hope this explains it.

Gordon

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

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  • bro58
12 years 3 months ago #79250 by bro58
Replied by bro58 on topic Re:re-assessment
Gordon wrote:

Leigh wrote:

Hello Gordon. Can I request a re-assessment? I have received a letter to say that if I provide further evidence in support of my Appeal, I many not need to go in front of a tribunal and a revision of my appeal will be made in my favour (their words). The letter has a code at the base (CAP 23). I can find no information on CAP 23. Please advise. Thank you very much.

You appear to be in the middle of an appeal, the first stage of which is a Reconsidertion.

The letter you have received is a standard letter issued by the Decision Maker carrying out the Reconsideration, asking you if you have any additional information or whether you can clarify any of your existing evidence.

If you have, you should send this information as quickly as possible as there is only a small window of time where the DM will wait for it.

If the DM can revise the Decision in your favour, then they will do so and update your claim, however, if they cannot, then it will be forwarded to the Tribunal Service to hold a hearing.

Wth regard to a re-assessment, yes you can request one, but only if you can show that there has been a deterioration in you existing conditions or you have a new condition since the Decision you are appealing was made.

Hope this explains it.

Gordon


Sorry L,

I misunderstood your query.

I hope that you now have the answer to your post.

bro58

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  • Leigh
12 years 3 months ago #79272 by Leigh
Replied by Leigh on topic Re:re-assessment
Thank you so much once again. I will write a reply to the CAP 23 I received and give them my version of the Atos medical report that I requested. I realise it will be a lang drawn out letter, but I think I'm on the right track doing it this way. I have also recently become a patient on what is called the Gateway programme and they are of the opinion I will (not guaranteed) succeed in my full benefits being re-instated. My advice to anyone in a similar position as myself is to have this kind of support and - if possible - find an advocate / expert to work with. Not everyone has that privilege, but there are more supports out there that individuals can have access to. Forgive the long reply. This is part of my 'condition'. The next time I post I hope to be giving you great news. Thank you once again. Much appreciated. Leigh

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  • Leigh
12 years 3 months ago #79280 by Leigh
Replied by Leigh on topic Re:re-assessment
Thank you to all who have offered great advice. Yes, there are supports out there, but had I not come across this site, I may still be in a quandary. I will be recommending this site to whom ever I come across in a similar position. Thanks again. L

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