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DLA Appeals

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10 years 3 months ago - 10 years 3 months ago #116035 by Dee6788
DLA Appeals was created by Dee6788
Hi,

I'm hoping someone can give me a bit of advice about the following.

Last year I became ill and after a few months I was diagnosed with MS. Unfortunately, I have ongoing symptoms, with pain, fatigue and balance causing most of the problems. I applied for DLA quite early on as i new it was changing to PIP, I applied in early June 2013. I received a rejection letter in July and asked for a reconsideration.

I then received another letter in October rejecting my claim again. It was difficult to put in writing the problems I experience, as I am trying to get on with it and am continuing with full time employment. I therefore sent a further explanation to the DWP and requested an appeal as I feel that their decision is completely unjustified and they have not fuly considered the evidence I have sent to them.

I received a letter dated 24/12/13 advising that they have cancelled my appeal and changed the award. However, they have awarded me nothing for the mobility component, and only given the lowest end of the care component at £21 per week. I still feel that this is inappropriate, and I'm unsure how they can cancel my appeal without asking me if this is acceptable. I'm therefore looking for advice as to whether I should just accept this, even though they haven't asked for me to accept it or not, they've just basically said that's what I'm getting without giving me any option as to whether I can take it further and continue with the appeal. Is this a normal way for them to do things? I feel like I'm being fobbed off.

Thanks in advance for any advice
Last edit: 10 years 3 months ago by Gordon.

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10 years 3 months ago #116038 by Gordon
Replied by Gordon on topic DLA Appeals
Dee6788

Unfortunately the DWP can lapse an appeal if they make a Decision in favour of the claimant, however, this new Decision can also be challenged.

As your Decision was after 28 October, the first thing you need to ascertain is whether you are subject to a Mandatory Reconsideration or not, if you are then this information should have been included with your latest Decision notice.

If you are then you must first request the DWP Reconsider this latest Decision, unless you have new evidence it is unlikely that they will change the Decision. Once the DWP have completed the Reconsideration they will send you the information to lodge an appeal directly with the Tribunal Service.

If you are not subject to a MR then you can appeal immediately.

In both cases you normally have one month from the date of the latest Decision to take action.

I see that you are a relatively new member of B&W so it may help you to look through our DLA Claim guides, which are on the following link

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

and

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

The following FAQs

may also be of assistance

DLA Medical – What forms to ask for?

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

If you have any questions about the process or your claim, please reply to this post and we will do our best to help you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dee6788

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10 years 3 months ago - 10 years 3 months ago #116040 by Dee6788
Replied by Dee6788 on topic DLA Appeals
Thanks for your reply Gordon. My original decision letter was dated 15 July and there's nothing in my most recent letter about a MR, so sounds like I need to write back to appeal again. Just feel like they have ignored a significant amount of evidence and now, after I asked for an appeal, have made a small award based on a tiny proportion of the information I have sent to them.

Thank you.
Last edit: 10 years 3 months ago by Gordon.

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10 years 3 months ago #116041 by Puccalove
Replied by Puccalove on topic DLA Appeals
I just wanted to check that you asked for an oral hearing? If you did not then the tribunal service may have made a decision based on the papers which they are entitled to do without you present.

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10 years 3 months ago #116042 by Dee6788
Replied by Dee6788 on topic DLA Appeals
Yes, I asked for an oral hearing after reading the guides on here :) Was surprised to receive their letter in December saying I was getting low care when this was the award I would have thought was the less likely of the two components.

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10 years 3 months ago #116044 by Gordon
Replied by Gordon on topic DLA Appeals
Dee6788

You need to be aware that an appeal will open your current LRC award to consideration so you should consider carefully whether you have a strong claim for the Mobility component.

On the assumption that you do not have problems going out alone or getting to places you do not know without assistance, then you will only qualify for the Higher Rate. To be awarded this you either need to be virtually unable to walk, you should take this literally, or unable to walk a reasonable distance, 50m is usually assumed, due to severe discomfort, because of the speed of your walking, or that you struggle to walk in a normal manner e.g. you are liable to tripping or falling.

Whilst you being in full time employment is not in itself a reason to refuse the Mobility component there will be assumptions made as to your capabilities as a result, you will need to deal with these to make a successful appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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