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Can anyone give me advice?

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8 years 7 months ago #141235 by claimant
Can anyone give me advice? was created by claimant
Hi
I hope that i can get some advice!
I have renewed my DLA sent it back and received it back with in a week!
i was on HRM AND LRC before and basically due to being depressed i got claim in late ;
My daughter took me to my medical with Atos who sat glued to computer;my daughter answered all the questions but she wrote a pack of lies about my health any way to cut a long story short i attended a Tribunal with daughter and a representative of a organization called SHP they reinstated the DLA but LW care & LCC ! I did not appeal because i was told that they
would stop it again!

I need help through the day and at night and i have now have Narcolepsy + Cataplexy sent in letters of support and a letter from my Neurology Consultant!
They awarded me LRC & LRM Indefinite.
I have a feeling they did not look at my papers and just came to a decision made at tribunal but changed it to indefinite, [it came back in a week]!
I want them to look at the decision again but i do not know if i am risking them stopping it again altogether!

Any advice would be welcome!
THANK YOU!

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8 years 7 months ago - 8 years 7 months ago #141242 by Gordon
Replied by Gordon on topic Can anyone give me advice?
claimant

If your appeal hearing was more than one month ago then you have missed the opportunity to take it any further, even if it is not, you cannot challenge it because you disagree with the Decision, only because you can show that there has been an Error of Law in the proceedings.

The first stage to such an appeal would be for you to request a Statement of Reasons from the Judge that heard your case. See

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

You can report a Change of Circumstances to the DWP, but you need to be aware that if you are on the UK mainland, doing so will result in a invitation to claim PIP. PIP has been designed to be more difficult to receive and has significantly different criteria from DLA, for example it is a functional test so the fact that you now need help day and night will not be directly tested.

If you are not in the UK mainland then you should be re-assessed for DLA.

Have a look at our PIP Claim guide for a better understanding of the criteria.

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 7 months ago by Gordon.

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8 years 7 months ago #141247 by claimant
Replied by claimant on topic Can anyone give me advice?
HI
the tribunal was three years ago that is when they changed the DLA from HRM & LRC to LRM & LRC. I did not appeal then cause i was told they might stop it altogether!


I filled in RENEWAL CLAIM and sent it back with all support letters from family and friend who help me during day + night also a letter from Neurology consultant because of Narcolepsy + Cataplexy diagnosed 2014 ! The decision came back in a week and basically still the same but indefinite i don't think they even read it !
Do you think if i ask them to look at it again they might just stop it?

I am sorry if i did not explain it better before!

THANK YOU

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8 years 7 months ago #141248 by Gordon
Replied by Gordon on topic Can anyone give me advice?
claimant

If the Decision to extend your claim is recent then it is unlikely that they will would remove it if you challenge the Decision not to increase it, but I cannot state that this is a certainty, there is always a risk associated with challenging a Decision.

Have you requested a copy of the assessment report, if not then you should contact the DWP office that dealt with the renewal and request it, you can do this by phone but we recommend following up the request I writing.

You will need to first request a Mandatory Reconsideration, in writing and ideally within one month of the Decision, have a look at our DLA MR & Appeal guide

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

for information about how the process works.

You can submit more information to the MR, either with the request of later, if you intend to send it later then mention this in the request, you should be given about four weeks to do this.

Your primary goal is to show that you meet the criteria, you may need to address issues in the assessment report, but try and do so on a factual basis only as it can be difficult to argue with the assessors opinions.

Gordon

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

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