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Waiting for DLA tribunal date and very stressed
- maggie281
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9 years 2 weeks ago #133314 by maggie281
Waiting for DLA tribunal date and very stressed was created by maggie281
Hi I am wondering if you could give me some advice. I have been in receipt of the HR care component and HR mobility since September 2013 until March 2015 I filled out the renewal forms in November and waited and waited, so I rang the DLA office and they said they were waiting at least 12 weeks for my gp to fill out a form and send it back to them. I rang the surgery and they said they would get on to it. A couple of weeks later I got a reply saying my award was reduced to middle rate care only. I wrote to the decision maker who would not overturn the decision. I am very annoyed about this as the gp who had filled the form out had never met me and knew nothing of my mobility problems. I now have to go to a tribunal and I am not great in putting my point across especially to strangers.
My own GP wrote a letter directly to them explaining my problems but it has made no difference. I don't know what to do.
My own GP wrote a letter directly to them explaining my problems but it has made no difference. I don't know what to do.
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- Gordon
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9 years 2 weeks ago #133327 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Waiting for DLA tribunal date and very stressed
Maggie
A Tribunal will look at all of the evidence from scratch and you also have an opportunity to re-present you case for an award,
Have you requested the assessment report from the DLA Unit? This report will give you a better understanding of how the Decision Maker made the award.
You need to go back to basics and look at how you can explain your problems to show that you meet the criteria for the award you believe you should qualify for.
For the Mobility component you need to be unable to walk or considered to be virtually unable to walk. The generally accepted distance is 50m but there are other criteria. The distance should be limited to the point where you feel severe discomfort, there is no formal definition of this but it is accepted as being less than severe pain.
Other factors that should be how long it takes to walk; if you have to stop due to severe discomfort or because you are breathless then this would increase the time, the speed of your walking should be looked at and if you stumble or fall while walking this should be a factor.
There is a guide; Giving Persuasive Information About How Far You Can Walk in the DLA section
www.benefitsandwork.co.uk/help-for-claimants/dla
Gordon
A Tribunal will look at all of the evidence from scratch and you also have an opportunity to re-present you case for an award,
Have you requested the assessment report from the DLA Unit? This report will give you a better understanding of how the Decision Maker made the award.
You need to go back to basics and look at how you can explain your problems to show that you meet the criteria for the award you believe you should qualify for.
For the Mobility component you need to be unable to walk or considered to be virtually unable to walk. The generally accepted distance is 50m but there are other criteria. The distance should be limited to the point where you feel severe discomfort, there is no formal definition of this but it is accepted as being less than severe pain.
Other factors that should be how long it takes to walk; if you have to stop due to severe discomfort or because you are breathless then this would increase the time, the speed of your walking should be looked at and if you stumble or fall while walking this should be a factor.
There is a guide; Giving Persuasive Information About How Far You Can Walk in the DLA section
www.benefitsandwork.co.uk/help-for-claimants/dla
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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