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Question about governing Law

  • Rachel
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13 years 6 months ago #56585 by Rachel
Question about governing Law was created by Rachel
I was reading through the Guidelines as I applied for ESA 2 years ago; appealed WRAG and was place in the Support Group.

I need clarification. My appeal was decided under governing law at time my claim started.

If I am called for another medical, will not my questionnaire, examination and any subsequent process be governed by that law?

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13 years 6 months ago #56587 by Gordon
Replied by Gordon on topic Re:Question about governing Law
Rachel

I'm pretty sure this refers to the Tribunal having reviewed your case using the law and regulations that were in effect at the time of the Decision (to put you in the WRAG), that you were appealing.

This still holds true should you need to appeal a future decision, but the regulations in affect will be those in force at the time of any re-assessment, not those that were in effect at your last one.

Bottom line is that you will not be re-assessed using the same criteria as last time, as they were changed in March of this year.

Gordon

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

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  • Rachel
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13 years 6 months ago #56678 by Rachel
Replied by Rachel on topic Re:Question about governing Law
Thank Gordon

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