AFCS Interim Review Questions

D

Deleted 139028

Guest
Vets UK, may offer a Consent Order as a means to end a claim without it going to a full blown Tribunal.

Vet's UK will offer you an award, if you accept it, then the Judge will deal with the case out of Chambers..........they will either "sign it off", or if they may refuse.

If they don't it goes to Tribunal.
Shame they don't do that more often, save a fortune in £ and wasted time. Actually, thinking about it, sounds very much like "settling out of Court".
 

Mosquito

Old-Salt
Vets UK, may offer a Consent Order as a means to end a claim without it going to a full blown Tribunal.

Vet's UK will offer you an award, if you accept it, then the Judge will deal with the case out of Chambers..........they will either "sign it off", or if they may refuse.

If they don't it goes to Tribunal.
I didn't know that VetsUK can issue a Consent Order.

The Tribunal issued a Consent Order for my case in 2016. I think they followed the Consent Order route as my case was all about a procedural error by VetsUK, which the tribunal agreed was an error (including by VetsUK's representative on the day). The tribunal ordered VetsUK to redo their maths and I agreed with their final calculations. Both VetsUK and I were happy with the maths so the tribunal used a Consent Order to instruct VetsUK to pay me the new amount.
 
If offered a consent order does anyone know what happens next? Process, Timescales etc? Guessing it’s just another waiting game!

Vets UK, may offer a Consent Order as a means to end a claim without it going to a full blown Tribunal.

Vet's UK will offer you an award, if you accept it, then the Judge will deal with the case out of Chambers..........they will either "sign it off", or if they may refuse.

If they don't it goes to Tribunal.
 

High Horse

Swinger
Finally some good news. After receiving notification that my case would be going to Tribunal after my appeal, it seems a re-consideration was conducted (as others said would be). They have stated that my case has now been subject to an Article 59 (mistake by SoS). They have conceded that errors were made in my interim review, that the evidence was in fact available for the MA to enable them to change my onset of illness date in line with what I requested (Feb 2021 to Aug 2016) and to increase my level of award and they have moved me from level 13 to level 12. They have given me a second interim review date of Sep 2022 which would have been 2 years since my initial decision and have acknowledged that 5 years has now passed since the onset date. They said that they don’t have up to date medical info after Aug 2021 (5 year point) and want to capture that before making their final decision. I have a Consultant Psychologist report from Feb 2022 which provided a re-assessment and defined PTSD still present and severe - this was sent to Vets-UK in Feb. This report was not actually looked at as part of the re-consideration as under the Article 59 review they have admitted they made a mistake with the previous evidence and means they do not need to look at any new evidence (yet). I feel that once they are able to account for my latest report from Feb then my next review in Sep will take me to level 10 which is what I think I deserve. When they base their decisions on un-substantiated claims then always push back and provide as much evidence as possible to counter their argument. I sent a huge response proving all their points were incorrect. They apparently are human after all and do listen (sometimes!)
 
High Horse, pleased to hear that.

It is good that you already have a new or recent report containing the diagnosis as that should help progress things.

They would not have used it before as the appeal would only have considered material that was available to the decision maker "at the date the decision was made"
 

High Horse

Swinger
I am expecting my interim review decision in the next few weeks. It has been 6 years now since onset date and 2.5 years since my claim went in, so expecting to be offered a final decision of level 10. I have a recent re-diagnosis made by a consultant psychologist and evidence of ongoing therapy and still on SSRI's. I am obviously not 100% relying on this actually happening based on previous experience, just hopeful - never assume anything with V-UK.

I don't have a "permanent" diagnosis as of yet. The language in the re-diagnosis was suffering "for the foreseeable future" which I don't think will cut it. I don't want to go through the stress of another re-diagnosis, another period of appealing and even a tribunal if my award is unlikely to be increased further. What is everyone's understanding of the requirements to move from level 10 to 8? I am fortunate to be able to work and always thought that 10 would have been a fair result but if this condition isn't going away, then do I have an argument for a higher award?
 
Top