Reviews and your evidence
Sept 24, 2016 7:20:09 GMT 7
via mobile
Denis-NFA, itsmylife08, and 1 more like this
Post by gized on Sept 24, 2016 7:20:09 GMT 7
Hi forum buddies,
As you know like you, I read the cases as they come out.
Hete is what one must do when a review is sought.
Problem is you get a review or you are claiming for dsp.
By the time you get to the AAT, this can take over a year.
By that time you have already lodged your medical evidence, reports that you rely on.
Here comes the crunch, your condition has deteriorated, you now have more evidence.
Problem now is the tribunal does not and will not consider this new med report.
The reason it won't and should not at law is this.[
br]
The review seeks to address from the time your dsp was made and or within 13 werks of that claim.
In other words the period of 13 weeks from date of claim or reviewed letter date. So any new evidence of your med condition worsening is not considered if your reports are outside of that period
So here's the trick, while your appeal is on foot and you now have additional evidence you are worse etc lodge a fresh new claim for dsp and in that claim INCLUDE the new medical evidence, conditions you have.
The members hearing cases have said in their decisions, new evidence came to light and the condition may have deteriorated, progressed however, I am bound by the evidence before me and need to look at the 13 week period.
could I also add one more thing.
Under no circumstances should you attend either in person or phone a jca assessment, without having someone you choose to be with you.
The slightest rubbish the assessor may slip up and say, are grounds for bias. Therefore a new assrssment.
Good luck and let's keep this forum strong.
Gized
As you know like you, I read the cases as they come out.
Hete is what one must do when a review is sought.
Problem is you get a review or you are claiming for dsp.
By the time you get to the AAT, this can take over a year.
By that time you have already lodged your medical evidence, reports that you rely on.
Here comes the crunch, your condition has deteriorated, you now have more evidence.
Problem now is the tribunal does not and will not consider this new med report.
The reason it won't and should not at law is this.[
br]
The review seeks to address from the time your dsp was made and or within 13 werks of that claim.
In other words the period of 13 weeks from date of claim or reviewed letter date. So any new evidence of your med condition worsening is not considered if your reports are outside of that period
So here's the trick, while your appeal is on foot and you now have additional evidence you are worse etc lodge a fresh new claim for dsp and in that claim INCLUDE the new medical evidence, conditions you have.
The members hearing cases have said in their decisions, new evidence came to light and the condition may have deteriorated, progressed however, I am bound by the evidence before me and need to look at the 13 week period.
could I also add one more thing.
Under no circumstances should you attend either in person or phone a jca assessment, without having someone you choose to be with you.
The slightest rubbish the assessor may slip up and say, are grounds for bias. Therefore a new assrssment.
Good luck and let's keep this forum strong.
Gized
