AFCS Appeal - Tribunal

[Keanu]

Hi everyone, I am seeking advice on an appeal for the AFCS claim. I recently received a final award Level 10 for my mental health disorders which doesn't reflect my conditions after years (7+) of enormous sufferings, therapy treatments, disability, and functional limitation. Treatment is ongoing without any benefit, but I believe any treatment will be life-long ongoing if the sufferings continues forever. Can I directly apply for an Appeal for Tribunal Hearing, or do I have to first seek Application for Reconsideration (AFR) to their (Vet UK) final award? If possible, I want to avoid AFR as it might take another 12 months of delay in any decision making, before another 12-14 months for an appeal to reach tribunal court.
I seek your advice.

 

[chuggafugga]

Hi everyone, I am seeking advice on an appeal for the AFCS claim. I recently received a final award Level 10 for my mental health disorders which doesn't reflect my conditions after years (7+) of enormous sufferings, therapy treatments, disability, and functional limitation. Treatment is ongoing without any benefit, but I believe any treatment will be life-long ongoing if the sufferings continues forever. Can I directly apply for an Appeal for Tribunal Hearing, or do I have to first seek Application for Reconsideration (AFR) to their (Vet UK) final award? If possible, I want to avoid AFR as it might take another 12 months of delay in any decision making, before another 12-14 months for an appeal to reach tribunal court.
I seek your advice.

Royal British Legion may be a good point of contact on this

 

[BobbHope]

There is no way around the Decision Reconsideration before appeal. It's the process. However you can introduce as much information and medical evidence as possible into the Re-consideration and in conjunction with the AFCS Articles. Look at Table 3 . You can ask your Doctors to provide evidence that is tailored to the requirements for the different levels of payments i.e. permanence and level of functional limitation and as many details as possible. If it's true then they will include it.

They have awarded" Level 10 - Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years". Well you have already had the condition for over five years so when does it become permanent?

Mostly my opinion but I believe the AFCS will agree at the lowest possible level in the expectation that some people will not have the patience to go through the whole re-consideration and Appeal process - a bit like insurance companies. I know it's not easy because you want a resolution but my advice is to stick at it, be stubborn but don't allow emotion to enter into it. The RBL can be very helpful at the Appeals process as they know the routines but you have to be in control. No one knows your circumstances better than you.

Good luck and be kind to yourself.

 

[Mosquito]

There is no way around the Decision Reconsideration before appeal. It's the process. However you can introduce as much information and medical evidence as possible into the Re-consideration and in conjunction with the AFCS Articles. Look at Table 3 . You can ask your Doctors to provide evidence that is tailored to the requirements for the different levels of payments i.e. permanence and level of functional limitation and as many details as possible. If it's true then they will include it.

They have awarded" Level 10 - Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years". Well you have already had the condition for over five years so when does it become permanent?

Mostly my opinion but I believe the AFCS will agree at the lowest possible level in the expectation that some people will not have the patience to go through the whole re-consideration and Appeal process - a bit like insurance companies. I know it's not easy because you want a resolution but my advice is to stick at it, be stubborn but don't allow emotion to enter into it. The RBL can be very helpful at the Appeals process as they know the routines but you have to be in control. No one knows your circumstances better than you.

Good luck and be kind to yourself.

Great advice.

 

[Keanu]

Thank you so much BobbHope for your great advice. I spoke with Welfare Officer who informed me the appeal application will go to a tribunal hearing with/without re-consideration. I will follow your advice to collate all medical information, but I am not sure if my NHS Psychiatrist will agree to put all detailed information required by AFCS, especially stating "the permanent diagnosis" as I heard few clinicians are very protective on writing "permanent" status, although I have suffered enormously for the last 7years till present without any recovery. My GP, although, had provided "Unfit to Work - Indefinitely" last year.

 

[BobbHope]

Not 100% sure about Mental Disorders. I guess it is the "invisible" wounds that are so hard to quantify. However, in my son's more physical case, I never had a problem with asking a consultant directly for written evidence of any diagnosis. I've also spoken to other PTSD sufferers who have detailed letters from Psychologists which state that their diagnosis is permanent and how it affects there ability to work. If you have had a long term diagnosis my advice is to talk honestly to your doctors. Also note the language used in the AFCS Articles about ability to work and suggest that any evidence is written to support that. You may find that your doctors are more supportive than you think.

Additionally, maybe a question for the tribunal, but if you have already suffered for over 7 years and there is no defined prognosis, how long is permanent?

I would also get a copy of any GP documentation that states Unfit for Work - Indefinitely even though that might just mean Indefinitely until further reviewed. If you have evidence in your AFCS bundle they have to challenge it but it could still support the overall picture.

Stay Safe and keep fighting!

 

[Dblock001]

There is no way around the Decision Reconsideration before appeal. It's the process. However you can introduce as much information and medical evidence as possible into the Re-consideration and in conjunction with the AFCS Articles. Look at Table 3 . You can ask your Doctors to provide evidence that is tailored to the requirements for the different levels of payments i.e. permanence and level of functional limitation and as many details as possible. If it's true then they will include it.

They have awarded" Level 10 - Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years". Well you have already had the condition for over five years so when does it become permanent?

Mostly my opinion but I believe the AFCS will agree at the lowest possible level in the expectation that some people will not have the patience to go through the whole re-consideration and Appeal process - a bit like insurance companies. I know it's not easy because you want a resolution but my advice is to stick at it, be stubborn but don't allow emotion to enter into it. The RBL can be very helpful at the Appeals process as they know the routines but you have to be in control. No one knows your circumstances better than you.

Good luck and be kind to yourself.

Hello

Im in the same boat, I was awarded ptsd Level 10. I have been fighting for my case since 2013 was given level 12 still have on hoing treatments. My condition is permanent now because im out of the 5 years bracket since diagnosed 2013.

Im put my medical evidence together again and challenge that Level 10 to get permanent level because thats my condition
Never give up fingers cross they will consider again.

 

[BobbHope]

@Dblock001

Interesting that you must be the fourth or fifth person who has had an award limited by time. The AFCS articles state that the length of time is taken from when the claimant first sought medical advice so that may be something to consider.

I wonder if these awards are interim? What do you both understand as your right of appeal now? As I understand it the re-consideration (the pre-cursor to an appeal) time limit is one year after the award.

I also wonder how many people are going through this and whether RBL could make a combined approach on a national scale?