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2 years 11 months ago #268585 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Previous Claim
Specialone
An MR or appeal can only consider your limitations as they were at the time that the Decision being challenged was made, any changes since then are legally excluded from the DWP's / Tribunal panel's deliberations.
So, you have two options; challenge the nil points Decision and if successful report a Change of Circumstances to cover the deterioration in your conditions, which will result in a new and full reassessment of your claim, or, make a new claim.
You can do both but be aware that making a new claim will create what is called a "closed" Decision on the original one, basically, the Decision from the new claim will replace any Decision from the original one and will apply from the date that the new claim is made, even if it is an adverse one.
Gordon
An MR or appeal can only consider your limitations as they were at the time that the Decision being challenged was made, any changes since then are legally excluded from the DWP's / Tribunal panel's deliberations.
So, you have two options; challenge the nil points Decision and if successful report a Change of Circumstances to cover the deterioration in your conditions, which will result in a new and full reassessment of your claim, or, make a new claim.
You can do both but be aware that making a new claim will create what is called a "closed" Decision on the original one, basically, the Decision from the new claim will replace any Decision from the original one and will apply from the date that the new claim is made, even if it is an adverse one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LorB
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2 years 11 months ago #268588 by LorB
Replied by LorB on topic Previous Claim
I cannot put in for a MR as the time has lapsed now unfortunately.
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2 years 11 months ago #268610 by Angel
Replied by Angel on topic Previous Claim
Make a new claim, but before you phone for an application form do a draft application and get as much support information as humanly possible. back up all your assertions with medical evidence. Their starting point is that we are all liars, so this must be disproved… As soon as you phone a 28 day countdown clock begins, so best have a solid application first.
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2 years 11 months ago #268661 by denby
Replied by denby on topic Previous Claim
Hi Specialone, please be fired up by the DWP's beastly treatment of you. It's what they count on to 'save the government money'!!! [whose money you might well ask]
Follow the MODs' advice and all the guides to the letter and you should certainly get a different outcome this time!
Don't let the baskets get you down any more! It is perfectly fine to pin the blame for not fighting before where it belongs, ie that their treatment of you caused you such extreme distress that you were unable health-wise [as distinct from unwilling] to contest the previous decision even though you always believed it to be wrong.
Power to your form filling,
Denby
Follow the MODs' advice and all the guides to the letter and you should certainly get a different outcome this time!
Don't let the baskets get you down any more! It is perfectly fine to pin the blame for not fighting before where it belongs, ie that their treatment of you caused you such extreme distress that you were unable health-wise [as distinct from unwilling] to contest the previous decision even though you always believed it to be wrong.
Power to your form filling,
Denby
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