Challenging a decision
Advice
Cases may arise where your employer’s medical representative (occupational physician) opinion states you are fit to return, and those of yourself, and your GP who both agree that you cannot, or should not return. The REA decision-maker will take both sides into account, however, if you disagree with their decision, you can ask for a written statement of reasons, which will explain their stance on the matter. If you still believe the decision is wrong, you can ask for it to be looked at again or appeal, ultimately the matter could end up at a hearing. The time limits are strict, you will usually be given one month to dispute a decision, so it is essential to seek advice and act quickly.
Fresh claim following disallowance
If the claimant makes another claim following a disallowance of REA, then it will not be backdated but rather viewed as a new claim.
How we can help
Lestons can help you compile the appeal so that it gives you the best chance of success. To gain our assistance you need to open a case, this is done by simply clicking on the link at the top of the page, you will then need to deposit a sum equal to one hour’s usage, upon receipt of these funds you will be assigned your personal caseworker who will telephone you to discuss the matter and make suggestions on how to proceed. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.
As a general rule, we would act for you in the following ways:
- Help to prepare all the evidence you need to put your best case forward;
- Appoint medical experts to help supporting evidence;
- Negotiate (if you consent) to meeting with officials to try and get you a better offer without going to a tribunal;
- Research the laws that could be used in your case;
- Prepare a written statement or report to send to tribunal ahead of the hearing;
- Physically represent you at the hearing; and
- Seek the maximum benefit or combination of benefits to increase the value and duration of your claim.
Our appointed experts account for your situation, especially for any inconvenience, embarrassment, anxiety, or depression experienced. If we can be of assistance then we would be delighted to receive your instructions.