Appeal refused

steve wrote:

whatever the session should have been seems to be immaterial now. As i was sent for a medical again following my request to be placed in the support group and a decision was based on that medical to place me back in the WRAG it is this decision i was appealing against which is my right why do i need another medical 6 months apart seems to be some sort of delaying tactic especially when they told me they were looking at reversing the decision.

I've re-read your original post and I appear to have got the order of events incorrect, my apologies.

As your appeal was lodged against what I now understand was a Decision on your request for a SupperSession, this should still be progessing, however, from your comments, it would appear that it is still in the Reconsideration stage. The only circumstances in which the DWP can legally lapse your appeal is if it was lodged incorrectly or a new Decision, in your favour, has now been made, however, in the case of the latter, this would itself still be an appealable Decision.

Your appealing, does not prevent the DWP from starting a new re-assessment process, which as Mrs H has said, probably what is going on.

I hope this makes it clearer.

Gordon

steve wrote:

I think the point might be being missed here after request to be reassessed i went for medical had a decision and have appealed against that decision they are refusing that appeal witch my understanding is a constitutional right

Who told you that your appeal was being cancelled, if it was one of the call centre staff, then I would say that you have been mis-informed, however, if it was a the Decision Maker you mentioned, then this would be a matter for concern, and I would suggest you contact the DWP back for confirmation of this and their reasons for doing so.

Gordon