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DLA Deterioration in Circumstances - Help!
- Fizz
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9 years 2 months ago - 9 years 2 months ago #130844 by Fizz
DLA Deterioration in Circumstances - Help! was created by Fizz
Hi there,
I have a DLA award of high rate care and low rate mobility until 2017.
After being told by a housing worker mentioned that I should be getting the high rate of mobility also as I can no longer walk as my injuries from a car accident have got worse, I called up DWP immediately and told them that my circumstances are worse.
I was told I had 28 days to complete the pack sent. It is a whole new DLA form and I don't know if the deadline is 28 days from the call or 28 days from receipt of the form. Does anyone know the deadline here?
Unfortunately I have been too unwell and unable to go to the doctor in about 6 months so have no medical evidence of how my condition has got worse. I realise now that I should not have called about my deterioration in mobility until I gather all the medical evidence. 28 days is too much time pressure to get the medical letters and fill in a complete new form as I am very ill.
MY MAIN QUESTION IS IF I JUST IGNORE THE NEW FORM THE DLA SENT AS I REPORTED DETERIOARATION, WILL THEY LEAVE MY CURRENT AWARD AS IT IS OR AM I NOW COMMITTED TO FILL OUT THIS NEW DLA FORM AND TIGHT DEADLINES?
I would be grateful for any help with this. I am concerned that I have put my current award at risk.
Many thanks for your help
I have a DLA award of high rate care and low rate mobility until 2017.
After being told by a housing worker mentioned that I should be getting the high rate of mobility also as I can no longer walk as my injuries from a car accident have got worse, I called up DWP immediately and told them that my circumstances are worse.
I was told I had 28 days to complete the pack sent. It is a whole new DLA form and I don't know if the deadline is 28 days from the call or 28 days from receipt of the form. Does anyone know the deadline here?
Unfortunately I have been too unwell and unable to go to the doctor in about 6 months so have no medical evidence of how my condition has got worse. I realise now that I should not have called about my deterioration in mobility until I gather all the medical evidence. 28 days is too much time pressure to get the medical letters and fill in a complete new form as I am very ill.
MY MAIN QUESTION IS IF I JUST IGNORE THE NEW FORM THE DLA SENT AS I REPORTED DETERIOARATION, WILL THEY LEAVE MY CURRENT AWARD AS IT IS OR AM I NOW COMMITTED TO FILL OUT THIS NEW DLA FORM AND TIGHT DEADLINES?
I would be grateful for any help with this. I am concerned that I have put my current award at risk.
Many thanks for your help
Last edit: 9 years 2 months ago by . Reason: tick.
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- Gordon
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9 years 2 months ago #130852 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Deterioration in Circumstances - Help!
Fizz
The deadline to return the form is taken from the date of the letter that should have accompanied it.
In principle you can withdraw a Change of Circumstances at no fault, especially if it was based on a deterioration in your condition, surprisingly the DWP are less interested in following up a deterioration than an improvement.
If this is what you want to do them I would recommend that you contact the DWP to tell them that you no longer wish to pursue the change, if you phone them then follow it up in writing.
Not returning the DLA form is definitely not the thing to do, it could easily end up with your payments suspended until the matter is sorted out.
I have to warn you that the DWP may still require you to complete the re-assessment, if they do then you will have no choice but to do so, but the chances of this are low.
You are lucky that you are not in an active PIP postcode as you would have been committed to claiming PIP.
Gordon
The deadline to return the form is taken from the date of the letter that should have accompanied it.
In principle you can withdraw a Change of Circumstances at no fault, especially if it was based on a deterioration in your condition, surprisingly the DWP are less interested in following up a deterioration than an improvement.
If this is what you want to do them I would recommend that you contact the DWP to tell them that you no longer wish to pursue the change, if you phone them then follow it up in writing.
Not returning the DLA form is definitely not the thing to do, it could easily end up with your payments suspended until the matter is sorted out.
I have to warn you that the DWP may still require you to complete the re-assessment, if they do then you will have no choice but to do so, but the chances of this are low.
You are lucky that you are not in an active PIP postcode as you would have been committed to claiming PIP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Samra
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9 years 2 months ago - 9 years 2 months ago #130881 by Samra
Replied by Samra on topic DLA Deterioration in Circumstances - Help!
Hi I know it's hard especially when your not well : contact fightback they can help you fill in your form over the phone, best of luck hope you get well soon
Last edit: 9 years 2 months ago by . Reason: Added link to website.
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- Fizz
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9 years 2 months ago #130905 by Fizz
Replied by Fizz on topic DLA Deterioration in Circumstances - Help!
Thank you very much. I am very grateful. That is all very helpful.
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