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Thread: lost my appeal at tribunal

  1. #1
    New Member
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    lost my appeal at tribunal

    hi guys .. need some advice ,
    I was placed into the wrag and I have appealed .. anyway I had my appeal hearing yesterday and was only in there 15 mins the female doctor was a right bitch and just fired question after question at me not giving me a chance to say anything other than to answer her questions ..anyway to cut a long story short ive lost the appeal , I was wondering what to do next .. I feel I wasn't listened to and their decision is so wrong
    I have copd with only 46% lung capacity spinal and knee problems with operations and just been diagnosed as having ostreoarthritis of the spine ..but she didn't want to know about that ..only what I was like in may gone ..

    any help would be appreciated
    thanks

    Rob

  2. #2
    Senior Member
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    Tribunals can only consider the facts as they were at the time of original decision, that Doc was right, if your condition has deteriorated you can ask the DWP for a Supersession/Review of your case. You will need evidence of this like a report off your GP, if you are considering this option I would strongly suggest you get help like CAB or similar.

  3. #3
    Senior Member
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    Jard is correct to state that the First-tier Tribunal is limited to considering matters relevant to the original decision. They have no power in law to look at subsequent changes, which must go to the DWP via the supersession / review route.

    The key thing to remember is that the ESA Work Capability Assessment is about the effect of your medical condition on what you can do, not your list of diagnoses and test results. You need to demonstrate to the DWP why you should be in the Support Group, which means demonstrating you fulfil one or more of the legal criteria. The usual way to do this is to meet one of the Support Group descriptors. Do any of these seem relevant to your case?

  4. #4
    Senior Member
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    So, when you say you lost the appeal, are you staying in WRAG?
    IMO, it can get very difficult after losing an appeal, as appealing to Upper Tribunals etc are very specialist things and can be very difficult to cope with.

    Defo, if you consider that your condition for your 'original' WRAG award has worsened, then it might be worth thinking along the lines of (as said above) asking the DWP to revise or supersede that original decision. The only thing is, you'll need some decent GP input to prove that it has worsened since the original decision time. Happily though, we often hear of people going from WRAG to Support Group so it's defo possible.

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