DLA renewal-Mandatory Reconsideration!

Hi, Very quick question to begin with!

Claimant hitherto had DLA timed award (2 or 3 years)-High Rate Mobility and High Rate Care. Recently received new DLA pack which returned with High Rate Mobility but Low Rate Care (dropped from High Rate).

If claimant asks for Mandatory Reconsideration for now Low Rate Care award to be 'reconsidered' is it possible that DM could give lesser award? Or, does the mandatory reconsideration stage only deal with agreeing with original decision (HRM & LRC) or potential to receive MRC or HRC?

I know that at appeal stage, if tribunal were minded to award a lower rate, that tribunal are obliged to give claimant warning, at least giving chance to withdraw appeal, but unsure if this is a step DM can take?

Many thanks.

francis1969 wrote: Hi, Very quick question to begin with!

Claimant hitherto had DLA timed award (2 or 3 years)-High Rate Mobility and High Rate Care. Recently received new DLA pack which returned with High Rate Mobility but Low Rate Care (dropped from High Rate).

If claimant asks for Mandatory Reconsideration for now Low Rate Care award to be 'reconsidered' is it possible that DM could give lesser award? Or, does the mandatory reconsideration stage only deal with agreeing with original decision (HRM & LRC) or potential to receive MRC or HRC?

I know that at appeal stage, if tribunal were minded to award a lower rate, that tribunal are obliged to give claimant warning, at least giving chance to withdraw appeal, but unsure if this is a step DM can take?

Many thanks.

Hi f1969,

At MR stage, an existing award can be stopped, reduced or increased by the reviewing DM.

Obviously, if one does not receive an increased award, you can then appeal direct to The TS.

If you were only appealing the Care Component, you could stipulate this, but the DM can also re-look at the Mobility Component if they wish to.

There is a DLA MR/Appeals Guide 8th link down this page :

DLA Guides

bro58

Many thanks Bro-will have to let next door neighbour know-it is on their behalf was asking. Local AgeUK office are unable to assist at this stage. May have to ask them to approach those who completed new DLA forms recently resulting in HRM & LRC. Neighbour also receives IR ESA and few days after receiving new lesser DLA award, letter received from ESA notifying them that would now receive less IR ESA-this being of similar amount to SDP/CA. I take it, it is the SDP that they have lost in light of new DLA LRC award!

Do you/or other resources still know if (I remember correctly) it is still the case that 'only 3% of claimants asking for DLA award to be looked again receive a lesser award. The other 97% either remain on same level of award or receive higher award'.

Again, TY.

francis1969 wrote: Many thanks Bro-will have to let next door neighbour know-it is on their behalf was asking. Local AgeUK office are unable to assist at this stage. May have to ask them to approach those who completed new DLA forms recently resulting in HRM & LRC. Neighbour also receives IR ESA and few days after receiving new lesser DLA award, letter received from ESA notifying them that would now receive less IR ESA-this being of similar amount to SDP/CA. I take it, it is the SDP that they have lost in light of new DLA LRC award!

Do you/or other resources still know if (I remember correctly) it is still the case that 'only 3% of claimants asking for DLA award to be looked again receive a lesser award. The other 97% either remain on same level of award or receive higher award'.

Again, TY.

Hi f1969,

Yes, going from HR Care to LR Care would mean the loss of The SDP, and any CA/CP that their carer may have been receiving.

I am not sure of the actual percentage where lesser awards occur, but it is not a common occurance.

I just had to make you aware of the potential risk.

bro58

Many Thanks, Bro. Again, as it is not my, but neighbours DLA award, I do not know if they are aware of potential pitfall of asking for MR, no matter how low the risk. I was hoping that local AgeUK would have been able to deal with and advise accordingly or at least those who initially completed renewal forms.

However, what I didn't want was for neighbour to call and ask for MR without knowing all possible outcomes and preferably for this to be done on their behalf. At the end of the day, it is for each to make own and final decision. Knowing neighbour as we do and problems, feel it is an unfair decision to arrive at!

TY for your clarifications. If matter is taken any further will let you know how matters pan put.

francis1969 wrote: Many Thanks, Bro. Again, as it is not my, but neighbours DLA award, I do not know if they are aware of potential pitfall of asking for MR, no matter how low the risk. I was hoping that local AgeUK would have been able to deal with and advise accordingly or at least those who initially completed renewal forms.

However, what I didn't want was for neighbour to call and ask for MR without knowing all possible outcomes and preferably for this to be done on their behalf. At the end of the day, it is for each to make own and final decision. Knowing neighbour as we do and problems, feel it is an unfair decision to arrive at!

TY for your clarifications. If matter is taken any further will let you know how matters pan put.

Hi f1969,

If they do decide to request an MR, I would back up any verbal request over the phone with a written request : Sending Documents to the DWP or ATOS

Further information on MR/Appeals can be seen from the following links :

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

If they do request the MR, I wish them the best of luck !!

bro58