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Should I appeal, LCW for 2 yrs but put in WRAG ?

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12 years 4 months ago #93351 by Caracal
After changing my mind about 500 times in 2 weeks and at least 100 times in the last 2 days, I posted the appeals form, and nearly had a panic attack on the way home from the post office. I am still not sure that I have done the right thing, and also whether it is worth the extra stress.

Thanks for your help.

Now it is wait and see again.

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12 years 4 months ago #93354 by Gordon
Caracal wrote:

After changing my mind about 500 times in 2 weeks and at least 100 times in the last 2 days, I posted the appeals form, and nearly had a panic attack on the way home from the post office. I am still not sure that I have done the right thing, and also whether it is worth the extra stress.

Thanks for your help.

Now it is wait and see again.

Best of luck, at the worst, if you find you cannot deal with the stress of an appeal, you can withdraw it with no fault.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 4 months ago #93363 by slugsta
Don't forget that another Decision Maker will reconsider your claim first, you could well find that this goes in your favour. If not, you can still withdraw your appeal before it reaches the Tribunal.

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12 years 3 months ago - 12 years 3 months ago #95462 by Caracal
A bit more advice required please, if possible, following on from previous conversation.

I sent the GL24. And a letter saying, seeing the consultant 14th Nov and if I hadn’t heard from them by then, I would forward any medical evidence that he could provide.

I saw the (new) consultant but he refused to write any supporting evidence unless they wrote to him requesting it. I tried to explain the system and that they had said I was unfit for work, but I needed more evidence about my mobility, in order to be put into the other group, but he said he wasn’t interested in economics, and was only interested in trying to get the arthritis under better control. So he increased the medication yet again, didn’t even do the annual x-rays which are already 6 months late.

Questions
1. Do I write and tell DWP that I cannot provide any further medical evidence, or just leave it until they answer?

2. Am I right in thinking that they give a second decision before forwarding it to the tribunal, (I followed B&W guidance and said emphatically that I would appeal).

So do I wait to hear from them and then say I do not want to appeal? I assume it is not worth taking it to a Tribunal appeal, as I do not have further medical evidence.

3. I have just received a letter telling me to come for a personnel interview to discuss returning to work. Do I go, or can I tell them that I am appealing and ask them to postpone it until I hear about the appeal, (and until hopefully the medication is working better)?
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago #95465 by Gordon
Caracal

to answer your questions.

1. You don't need to, but it may speed up the process if you tell them, however, you could try saying that the Consultant will provide further information if the contact him, it may not work, but is still worth trying.

2. Yes, the DWP will carry out a Reconsideration, a new Decision Maker will review all of the evidence to see if they can alter the Decision.

You presumably thought you qualified for the Support Group when you submitted the appeal, which I assume was before you met with the Consultant. Whilst you can withdraw the appeal at any time, most Appeal Decisions are made based on the claimants testimony at the hearing, not just the evidence, so not having this additional evidence may not be terminal.

3. You can certainly contact your advisor about your appeal, whether they postpone your WFI is entorely at their discretion.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
12 years 3 months ago - 12 years 3 months ago #95467 by bro58
Hi C,

You could also contact the Consultant's secretary, and request that you are copied in on any post clinic letters that are sent to your G.P.

These letters may contain helpful information, such as the recent decision to increase your Meds.

You do not need to fill in any forms for such a request. If you have any problems, contact PALS at the Hospital that you attend.

Only last week, one of our members did this without problem, by simply phoning his Consutant's secretary.

bro58
Last edit: 12 years 3 months ago by bro58.

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