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When do i need a sick note and which to which JP
- John
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12 years 4 months ago - 12 years 4 months ago #92907 by John
Replied by John on topic Re:When do i need a sick note and which to which JP
Gordon wrote:
But the fit for work decision was based on a false HCP medical report as reported by ATOS in a letter to me,so any decision made by the DWP is based incorrectly,therfore i should be treated as not having any assessment.
John wrote:
I believe you are appealing a Fit for Work Decision so you are only entitled to the ESA Assessment rate.If i had to go for another face to face would'nt that mean they would have to re-instate my benefit rate back to what it was(i.e. not the assessment rate)until the outcome of the possible new face to face assessment? After all it would be the fault of the HCP that i needed to go for another,meaning the first assessment was void because of the number of innacuracies.
Gordon
But the fit for work decision was based on a false HCP medical report as reported by ATOS in a letter to me,so any decision made by the DWP is based incorrectly,therfore i should be treated as not having any assessment.
Last edit: 12 years 4 months ago by slugsta.
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- Gordon
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12 years 4 months ago #92909 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:When do i need a sick note and which to which JP
John wrote:
If a DWP Decision Maker rules that the report invalidates the original Decision, then you should be placed back on your previous award until a new assessment is carried out and a new Decision on your claim is made. Should this happen then your appeal will be lapsed.
However, it is also possible that the Decision Maker may still decide that with or without this report, that the original Decision still stands, in which your appeal will continue.
Should the latter be the case, then I would strongly recommend you getting face to face advice regarding your appeal.
Gordon
But the DWP have not confirmed that, and as a consequence have not changed the original Decision they made on your claim.But the fit for work decision was based on a false HCP medical report as reported by ATOS in a letter to me,so any decision made by the DWP is based incorrectly,therfore i should be treated as not having any assessment.
If a DWP Decision Maker rules that the report invalidates the original Decision, then you should be placed back on your previous award until a new assessment is carried out and a new Decision on your claim is made. Should this happen then your appeal will be lapsed.
However, it is also possible that the Decision Maker may still decide that with or without this report, that the original Decision still stands, in which your appeal will continue.
Should the latter be the case, then I would strongly recommend you getting face to face advice regarding your appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- John
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12 years 4 months ago - 12 years 4 months ago #92910 by John
Replied by John on topic Re:When do i need a sick note and which to which JP
Thanks Gordon
Last edit: 12 years 4 months ago by slugsta.
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