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medical when appealing
- ROSIE75
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12 years 8 months ago - 12 years 8 months ago #86175 by ROSIE75
medical when appealing was created by ROSIE75
Hi, I was wondering if anyone could answer this question. I am currently appealing to be moved from the WRAG to the support group (I have been on IB for 14 years) and as I will be reviewed again sometime over the next few months is there a chance that I could end up having another (as I had one in January after sending off my ESA50) medical when I haven't even had my tribunal yet? Many thanks.
Last edit: 12 years 8 months ago by slugsta.
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12 years 8 months ago #86181 by slugsta
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Replied by slugsta on topic Re:medical when appealing
Indeed Rosie, with appeals taking so long to be heard people are being reassessed before they know the outcome of their appeal. In these cases the appeal decision will run until the time of the new decision (if that makes sense?).
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- ROSIE75
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12 years 8 months ago - 12 years 8 months ago #86253 by ROSIE75
Replied by ROSIE75 on topic Re:medical when appealing
Hi Mrs H, I know I sound a bit dumb but could you explain
what you mean by the appeal decision running until the
time of the new decision? Thanks.
what you mean by the appeal decision running until the
time of the new decision? Thanks.
Last edit: 12 years 8 months ago by Gordon.
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12 years 8 months ago #86260 by Gordon
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Replied by Gordon on topic Re:medical when appealing
ROSIE75 wrote:
If you are re-assessed, a new Decision will be made, based on your condition as it is now, so this would replace the original Decision and any Tribunal Decision.
As an example.
If your original Decision was in 01/12 and your Tribunal is not heard until 09/12. If there is no re-assessment then you will receive 9 months of back payments (01/12-09/12).
However, if a new Decision, following a re-assessment is made in 06/12, then the subsequent Tribunal award would be limited to six months (01/12-0612).
Hope this explains it.
Gordon
If you win your Tribunal, the Decision that the panle makes, replaces the original Decision that you appealed and has the same date.Hi Mrs H, I know I sound a bit dumb but could you explain
what you mean by the appeal decision running until the
time of the new decision? Thanks.
If you are re-assessed, a new Decision will be made, based on your condition as it is now, so this would replace the original Decision and any Tribunal Decision.
As an example.
If your original Decision was in 01/12 and your Tribunal is not heard until 09/12. If there is no re-assessment then you will receive 9 months of back payments (01/12-09/12).
However, if a new Decision, following a re-assessment is made in 06/12, then the subsequent Tribunal award would be limited to six months (01/12-0612).
Hope this explains it.
Gordon
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- ROSIE75
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12 years 8 months ago - 12 years 8 months ago #86339 by ROSIE75
Replied by ROSIE75 on topic Re:medical when appealing
Thanks for that, Gordon.
Last edit: 12 years 8 months ago by Gordon.
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12 years 8 months ago #86342 by Crazydiamond
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Replied by Crazydiamond on topic Re:medical when appealing
It should be noted that if the second decision following reassessment is not to your satisfaction, you would have to lodge a subsequent appeal against that decision.
This is an anomaly which was brought about by the introduction of the Social Security Act 1998, and with ESA appeals currently taking an inordinate amount of time with the distinct prospect of further reassessments before the appeal is heard, this could result in an extremely complicated succession of decisions followed by appeals.
Unfortunately for claimants/appellants, this absurd situation brought about by the ill-conceived perception of ESA, could inevitably lead to an unending and stressful state of affairs without a satisfactory resolution.
This is an anomaly which was brought about by the introduction of the Social Security Act 1998, and with ESA appeals currently taking an inordinate amount of time with the distinct prospect of further reassessments before the appeal is heard, this could result in an extremely complicated succession of decisions followed by appeals.
Unfortunately for claimants/appellants, this absurd situation brought about by the ill-conceived perception of ESA, could inevitably lead to an unending and stressful state of affairs without a satisfactory resolution.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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