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Is Advisor Right?
- bublemad
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11 years 10 months ago #86926 by bublemad
Is Advisor Right? was created by bublemad
My 2nd WFI was scheduled for today. However I received a phone call from my advisor to say it was being conducted over the phone as she'd advised me at the last interview. I had no recollection of this but am happy I didnt have to drudge all the way into town.
I told her about new problems that I have regarding my spine and that I have been referred onto the spinal unit. After a lengthy call telling her about all my limitations she advised me that once I get a proper prognosis I can appeal to be put into support group. I told her I thought you could only appeal within a month of being put into WRAG and she said that in certain situations you could appeal much later. Is she right? I thought this was called 'supersession' not appeal. Any help would be great.
Thankyou.
I told her about new problems that I have regarding my spine and that I have been referred onto the spinal unit. After a lengthy call telling her about all my limitations she advised me that once I get a proper prognosis I can appeal to be put into support group. I told her I thought you could only appeal within a month of being put into WRAG and she said that in certain situations you could appeal much later. Is she right? I thought this was called 'supersession' not appeal. Any help would be great.
Thankyou.
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- Derek4
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11 years 10 months ago #86928 by Derek4
Replied by Derek4 on topic Re:Is Advisor Right?
Hi bublemad
In certain (limited) circumstances a late appeal can be accepted but generally if you have new problems since the original decision, the correct course of action would be a supersession and reassessment.
I would also add that WFI advisers are usually not au fait with the rules - it's always best to get advice from a welfare adviser when considering asking for a supersession.
Regards
Derek
In certain (limited) circumstances a late appeal can be accepted but generally if you have new problems since the original decision, the correct course of action would be a supersession and reassessment.
I would also add that WFI advisers are usually not au fait with the rules - it's always best to get advice from a welfare adviser when considering asking for a supersession.
Regards
Derek
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- Gordon
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11 years 10 months ago #86931 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Is Advisor Right?
bublemad
It is possible to lodge a late appeal, but you need to show Good Cause as to why you did not appeal within the normal one month. The maximum you can apeal is 13 months after a Decision, but as a general rule, the later you appeal, the more compelling your Good Cause must be.
However, the key question is whether the problems you are now suffering were apparent at the time of the last Decision on your claim, from your post they appear to be more recent, and if this is the case, then they would not be grounds for an appeal, but rather, as you correctly state, a Supersession.
I hope this explains it.
Gordon
It is possible to lodge a late appeal, but you need to show Good Cause as to why you did not appeal within the normal one month. The maximum you can apeal is 13 months after a Decision, but as a general rule, the later you appeal, the more compelling your Good Cause must be.
However, the key question is whether the problems you are now suffering were apparent at the time of the last Decision on your claim, from your post they appear to be more recent, and if this is the case, then they would not be grounds for an appeal, but rather, as you correctly state, a Supersession.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bublemad
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11 years 10 months ago #86934 by bublemad
Replied by bublemad on topic Re:Is Advisor Right?
Thankyou for your quick responses.
My symptoms were present when filling out my IB to ESA transfer but doctor kept putting it down to 'whiplash' type symptoms even though I told him this wasnt the case. After a lot of appointments with both doctors and physio's and a MRI scan it appears the symptoms are a lot worse than they first thought ie. prolapse disc , mild spinal stenosis and bone spurs in my neck, and have now been referred on as they think I also have it in my back also.
Would the fact that I had the symptoms when completing my transfer be enough for an appeal?
Thankyou
My symptoms were present when filling out my IB to ESA transfer but doctor kept putting it down to 'whiplash' type symptoms even though I told him this wasnt the case. After a lot of appointments with both doctors and physio's and a MRI scan it appears the symptoms are a lot worse than they first thought ie. prolapse disc , mild spinal stenosis and bone spurs in my neck, and have now been referred on as they think I also have it in my back also.
Would the fact that I had the symptoms when completing my transfer be enough for an appeal?
Thankyou
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