Fraud

Puccalove wrote: As far as I am aware there is no 'official' policy on disabled drivers. However a certain level of independence is assumed by the DWP in regards to those who drive. This is ironic of course, as you say DLA claimants can access a car via the motability scheme.

You are correct in that there is nothing 'written in stone' as to DWP policy on disabled drivers.

However, from my experience on DLA Tribunals, the DWP and sometimes the Tribunals Service would assume that if an appellant could drive a car with a manual gearbox, then they may for example be able to prepare a meal for themselves, or wash or dress themselves as this would involve manual dexterity and being able to use their legs similar to driving a car with a manual gearbox.

I personally found that those who drove cars with automatic gearboxes tended to be awarded DLA more frequently than appellants driving cars with a manual gearbox.

Eventually, quite rightly this led to a Tribunal of Commissioners deciding otherwise. Regretfully, I must have accidentally deleted this file from my laptop, and I cannot find any trace of it using several search engines.

Hi All,

Just an update had a letter from DWP about MR for Mobility rate of DLA, it say's it can take up to 11 weeks, also got an appointment to see a Welfare Rights person at CAB next Friday, so fingers crossed he will help me decide if I have a case or not, still waiting for ESA Tribunal 20 months and counting.

Chrissy V

Hi All Mods,

Had the MR paper back today the decision still stands so now I have to lodge an appeal, got an appointment at CAB on June 5th with a man that usually helps people fill their forms in I have been told that he has experience of people going through tribunals so any help in what I can prepare in advance for him I have been told I need to ask for a SOR also is there a form I can download to get the appeal rolling or should I wait for his opinion on where or not I have a case to appeal, any advice please I would be very grateful.


Chrissy V

chrissy v wrote: Hi All Mods,

Had the MR paper back today the decision still stands so now I have to lodge an appeal, got an appointment at CAB on June 5th with a man that usually helps people fill their forms in I have been told that he has experience of people going through tribunals so any help in what I can prepare in advance for him I have been told I need to ask for a SOR also is there a form I can download to get the appeal rolling or should I wait for his opinion on where or not I have a case to appeal, any advice please I would be very grateful.


Chrissy V

Hi CV,

Missed this last night !!

If a CAB adviser is to support you then their input should help.

However, in waiting to see The CAB adviser, you should make sure that you do not go over the one month deadline from the date of The MR Notice.

Information Re : this is on Page 12 of our :

"The Best Possible Support For Clients With DLA and AA Mandatory Reconsiderations and Appeals.

This guide can be used by claimants and support workers alike to challenge decisions made on or after 28 October 2013"

Which is the 9th link down this page :

DLA Guides

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Again, if you are to request a S of R for the decision, and any other evidence used, you should ensure that you do not miss the one month deadline, even if the above has not arrived.

As you may know, you can issue a SAR if you wish to obtain The S of R and any other evidence. However, once the Appeal is lodged with The TS and they have accepted it, you should receive a DWP "Evidence Pack" :

SAR Form Download

From this page :

DWP Data Protection Policy

Sending Documents to the DWP or ATOS

In the first instance you can simply lodge an appeal stating that you disagree with The MR decision.

If you are confident that the appeal can be lodged by The CAB Adviser within the month deadline, then you could choose to leave it to them.

As for challenging the adverse decision, your job would be to discredit and question any evidence that The DM used in coming to the adverse decision, and to show that you do still suffer from the Mobility limitations that gave you the DLA Mobility award.

Good luck with CAB.

bro58

Hi Bro58,

Do I have to state a reason or do I just say I disagree with the MR as the CAB adviser I'm seeing is very good so I'm told and he may pick the bones out of it better than I can, also is there any free legal advise at all seeing as this is a potential fraud case, and the ESA Tribunal judge that he recommends I seek legal help as you know I am not in a position to pay.

Chrissy V