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11 years 8 months ago #89318 by Dlettice
Advice appreciated was created by Dlettice
Hi, I've recently been diagnosed with post traumatic stress disorder, I need a lot of help and motivation, I can't go out unaccompanied and I have really bad night terrors, I have been awarded low mobility and care, the doctor has since wrote me a letter saying a bit about my illness and asking them to reconsider me for higher rate, I am going to a tribunal, will a decision maker do this? I'm really not looking forward to a tribunal.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago - 11 years 8 months ago #89322 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Advice appreciated
If you've already submitted an appeal, then before the DWP Decision Maker (DM) passes it to the Tribunals Service it will be reconsidered by a more senior DM who may or may not overturn the previous DM's decision.

If you go to appeal, these days the DWP seldom send along what's called a Presenting Officer who is usually a senior DM.

Tribunals are totally independent of the DWP, all being appointed by the Minister of Justice and you will receive a fair hearing as required under Article 6 of The Human Rights Act 1998, right to a fair hearing.

Good luck.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 8 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.

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11 years 8 months ago #89324 by Dlettice
Replied by Dlettice on topic Re:Advice appreciated
Thanks, I don't really know what to expect.
First they denied me anything, then they put me on low rate after I appealled, then I appealled again but the gp report
Was useless as I just went to get referred to a therapist, I've since been back and I've got a letter asking for a
Reconsideration from my gp, surely they must do that if he's requested it.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago #89328 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Advice appreciated
Hi Donna,

My advice would be not to ask for a reconsideration, since only about 10% are successful.

If you appeal on Form GL24 then as I said in original post, then your appeal will be automatically reconsidered and if that isn't successful the DWP will then send it to the Tribunals Service.

If you just ask for reconsideration, if it fails, then if you wish to pursue the claim further, then you'll have to ask for an appeal., the DWP won't automatically do that.

Asking for reconsideration just delays things.

Hope this makes sense.

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 8 months ago #89331 by Dlettice
Replied by Dlettice on topic Re:Advice appreciated
Kind of, but I've already sent it in now, I suppose I could ring on Monday, I'm already waiting for my tribunal date, I should find out any day about a date, I did ring the lady told me to send it in with a letter to be looked at by a dm
Can I ring them and tell them I don't want it reconsidered, just add it to the pile of papers they have for me and go ahead with my tribunal?

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 8 months ago #89333 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Advice appreciated
You can withdraw a reconsideration ( as long as it hasn't been already done, which I doubt as it can take weeks) any time and ask for an appeal instead. Use the GL24 which I gave a link to in my last post.

Good luck :)

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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