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DLA Appeal for a child

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7 years 11 months ago #158424 by Musely
DLA Appeal for a child was created by Musely
My daughter has been turned down for the higher rate mobility element on renewal. On the last two renewals she was entitled - her condition is life-long and has not changed so I'm baffled that they have turned her down on this renewal.

I asked for a reconsideration but again they have refused the mobility.

I am now going to appeal.

My questions are:

1. Will my daughter have to attend the hearing and

2. Can my husband come along to the appeal with me - not as a representative but just for moral support?

Thank you in advance.

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7 years 11 months ago - 7 years 11 months ago #158425 by Gordon
Replied by Gordon on topic DLA Appeal for a child
L

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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To answer your questions.

1. It may not be necessary for your daughter to attend but it may be to her advantage to do so. If you have real concerns about her being able to handle the hearing then you should write to the Judge of the hearing asking for her to be excused attending.

2. Yes, your husband can attend.

Have a look at our DLA for Children guides for information of the criteria she will need to meet.

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

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.
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7 years 11 months ago #158935 by Musely
Replied by Musely on topic DLA Appeal for a child
My appeal has now been sent in.

In the Mandatory Notice, it states that the "Evidence used to make this decision" was the Claim Form and the telephone conversation I had asking for the reconsideration.

Does this mean that the DWP did not request any medical information, despite me providing details of my daughter's hospital consultant in the Claim Form.

I have looked at the A-Z of Medical Conditions for Children provided on this site, which is used for decision makers. My daughter's condition is not even listed. However, "restricted growth" (which I guest covers dwarfism) is listed in the A-Z of Medical Conditions for Adults but it states "NHS Choices and Decision Makers are advised to discuss with the Departments Medical Services provider if necessary".

If the DWP had "discussed" with the Department's Medical Services provider, would this have been listed as evidence they used to make the decision?

I am panicking now as I stated in my Appeal that they did not obtain medical evidence to support their decision!

I have included in my appeal a letter from my daughter's hospital consultant confirming my daughter's mobility issues.

Any thoughts again please - thank you.

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7 years 11 months ago #158968 by Gordon
Replied by Gordon on topic DLA Appeal for a child
Musely

I think that they are referring to the MR Decision rather than the original one.

When you receive the DWP's submission you will be able to see what evidence they used.

You should have at least a couple of weeks, it actually may be more to make your own submission to the hearing.

Gordon

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