DLA Decision Makers Review of Initial Claim

Nichola wrote: Question: If a DLA (not PIP) Claim is submitted and reviewed twice by a DM with no change, can a DM look at it again as I am told a DM can only look at a claim twice, then a Tribunal will make a decision?

My claim was reviewed three times despite a tribunal running and appears DM on the third review made a decision before the tribunal, previously adjourned, was reconvened?

Trying to find out why this happened but wondered if any former DMs on here may know if this is acceptable?

Thanks in advance

The normal procedure is for a Decision Maker to make a Decision on the initial claim or re-assessment, if the claimant disagrees with this they can ask for a Mandatory Reconsideration, another Decision Maker will review all of the evidence to see whether they can change the original Decision, if they do not then the case is forwarded to the Tribunal Service for a hearing.

However, the DWP are entitled to, and in fact are required to re-assess the Decision everytime a new piece of evidence or a submission is submitted by the claimant and if at any time they believe that they can revise the Decision, they can. In practice they only do this, if they do it at all, immediately prior to the Tribunal Hearing.

Any new Decision must be more in the claimants favour than the Decision being appealed, this will result in any appeal being lapsed (stopped), although this new Decision becomes appealable in its own right.

Gordon