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Thread: Can the Tribunal Overturn a Previous Award?

  1. #1

    Can the Tribunal Overturn a Previous Award?

    Can a first-tier tribunal overturn a previous award which was beneficial to the claimant? By this I mean a standard award granted in 2017 (doctors letters all confirming disability and daily mobility issues, stemming from illness a few years ago) and then in 2019, a new assessment took away my award, and when I appealed to the first-tier tribunal, the comment was words to the effect of, 'we, the tribunal, could have overturned your 2017 award but chose not to do so at our discretion'. They also dismissed my doctors letters and said that they felt the doctors who supported me were words to the effect of 'not up to scratch' and 'did not understand the assessment process as well as a hcp employed by the dwp'.

    I feel like they are trying to put me off appealing again. I also don't know if it's correct of them to say they could easily overturn an original standard award from 2017-2019, and, if they could do so, what would that mean for a claimant?

    Anyone have any advice here? Feel alone, confused, and even more depressed than ever after reading the letter they sent to me (statement of reasons).

    Thanks

  2. #2
    Senior Member nukecad's Avatar
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    No they can't, they can only rule on the current decision if it's a new decision.
    But that is not what they are saying.

    They are saying that they had had to rule in 2017 then they would have ruled the same as they have this time.

    What they are saying is that the doctors letters you are relying on are not good enough for benefit purposes.

    Which means that while the letters may be supportive and may describe your medical conditions they are not what is needed to show that you meet the descriptors needed to get an award.

    Many people make that mistake - the award is about how the condition affects your life and not about the condition itself.
    Your GP can only talk about your condition (s)he doesn't see your daily life.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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