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 	 	DLA supercession - lost my mobility allowance
- happyturtle
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 		 			 	 						15 years 5 days ago				#32996 		by happyturtle 	  	 		 			 	    			 			 		 													
 	 				DLA supercession - lost my mobility allowance was created by happyturtle			
  			 				Last year I was awarded high rate mobility and low rate care.  My condition has deteriorated, so I applied for a supercession to have my care award looked at.  Following the instructions, I didn't fill out the mobility section.
 
I just got the decision today and not only have they decided that I can't have additional care, but they took away my mobility allowance. They said they based their decision on my claim form, and the ESA exam I had in December of 2009.
 
The claim form didn't have anything to do with mobility, since I was told not to fill that part out, and I'm not sure how a decision from 2009 can possibly be relevant when I reported my condition changed in the summer of 2010.
 
What do I do now???
  					I just got the decision today and not only have they decided that I can't have additional care, but they took away my mobility allowance. They said they based their decision on my claim form, and the ESA exam I had in December of 2009.
The claim form didn't have anything to do with mobility, since I was told not to fill that part out, and I'm not sure how a decision from 2009 can possibly be relevant when I reported my condition changed in the summer of 2010.
What do I do now???
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 			 	 						15 years 5 days ago				#33007 		by Crazydiamond 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Crazydiamond on topic Re:DLA supercession - lost my mobility allowance			
  			 				Unless there was anything in the DLA claim for which suggested that there was some improvement in your mobility from your claim for the care component, the evidence used on the claim form which as you have stated did not refer to mobility, cannot be relied upon.
 
Were you successful with the ESA work capability assessment in December 2009, and what was the date of the decision ie the date of the letter on your recent DLA claim?
  							Were you successful with the ESA work capability assessment in December 2009, and what was the date of the decision ie the date of the letter on your recent DLA claim?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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 			 	 						15 years 5 days ago				#33011 		by happyturtle 	  	 		 			 	    			 			 		 													
 	 				Replied by happyturtle on topic Re:DLA supercession - lost my mobility allowance			
  			 				The ESA assessment put me in the Work Related Activity group.
 
The DLA decision is dated 28/10/10.
  					The DLA decision is dated 28/10/10.
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 			 	 						15 years 5 days ago				#33017 		by Crazydiamond 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Crazydiamond on topic Re:DLA supercession - lost my mobility allowance			
  			 				The only option is to appeal the adverse decision.
 
You have one month to submit an appeal against the decision, from the date shown on the decision letter. It may be worthwhile sending for your ESA medical assessment report as the DWP are relying on the content of the report. This can be done at the same time as making an appeal.
 
You don't have to go into detail when you first appeal, as you wont be in possession of all the evidence.
 
Please refer to the guide entitled "Appealing Against A Disability Living Allowance Decision" in the DLA resources HERE.
 
The official appeal form is available HERE.
  							You have one month to submit an appeal against the decision, from the date shown on the decision letter. It may be worthwhile sending for your ESA medical assessment report as the DWP are relying on the content of the report. This can be done at the same time as making an appeal.
You don't have to go into detail when you first appeal, as you wont be in possession of all the evidence.
Please refer to the guide entitled "Appealing Against A Disability Living Allowance Decision" in the DLA resources HERE.
The official appeal form is available HERE.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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 			 	 						15 years 5 days ago				#33022 		by happyturtle 	  	 		 			 	    			 			 		 													
 	 				Replied by happyturtle on topic Re:DLA supercession - lost my mobility allowance			
  			 				Thank you.  I'll start on that on Monday.			
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 			 	 						15 years 5 days ago				#33027 		by happyturtle 	  	 		 			 	    			 			 		 													
 	 				Replied by happyturtle on topic Re:DLA supercession - lost my mobility allowance			
  			 				How do I go about getting a copy of my ESA medical from last year?			
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