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TOPIC: DLA Appeal

DLA Appeal 9 years 5 months ago #13196

  • Charley
Morning everyone, I'm new here, but could use some advice.

Just had my wife's renewal application for DLA care knocked back. She was awarded Higher level care and mobility last year for the first time, but on renewal they've done away with the care element altogether despite her condition worsening, and the claim application form being completed in exactly the same way. We spoke to her consultant on Monday, and he was quite indignant about it, and said they'd certainly not contacted him.

I'm requesting a review of the decision and planning for an appeal

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Re:DLA Appeal 9 years 5 months ago #13208

Hi Charley,

So your wife is now getting no care component and higher rate mobility?

I think in those circumstances, going from high to zero care, most people would appeal. But I do just need to make sure you're aware that when you ask the DWP to look again at the award it can be reduced rather than increased. This is something that very seldom happens, but it's important to know.

Good luck with the appeal.

Steve

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

Re:DLA Appeal 9 years 1 month ago #18107

  • Charley
Just a quick update.........Atos medical tomorrow, doc coming on a home visit, so we've been doing lots of research and preparation in advance.

She's a whole lot worse than when we first filled in the claim renewal back in September, so it's going to be complicated but I'm happy enough that we've both got a good understanding of what's involved

I'll keep you posted

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Re:DLA Appeal 8 years 8 months ago #27961

  • Charley
Quick update

The medical went ok, although like many people on here, I thought the examiner was rushed and just keen to fill in the form, and get away onto the next appt. Led to my wife being awarded lower-rate care which is astep in the right direction.

However I continued to pursue our appeal, and we are due in front of a Tribunal next week. I've been checking through all the paperwork very carefully cross-checking the information from us, the Atos report, the Decision-maker's reasons, and highlighting all the discrepancies, and I believe we've got a good case.

However I'm fully aware of the risks involved in the current climate, so to say I'm nervous is an understatement

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Re:DLA Appeal 8 years 7 months ago #28131

Hi Charley,

I'm not surprised, it is a very nerve wracking time. However, the fact that the lwoer rate mobility is based on an Atos medical report does mean the risk is much reduced.

Good luck and do let us know how it goes.

Steve

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

Re:DLA Appeal 8 years 7 months ago #28529

  • Charley
Well, the day arrived and I was confident we had a good case. I'd identified errors and discrepancies in the medical and the decision-makers assessment of the information.

But the whole Tribunal thing was horrible and didn't go anything like we aanticipated. The Doc on the panel was awful, really aggressive and curt, speaking across me, not letting me explain anything, disputing my wife's medical history and prescribed medication. It was an awful experience and really quite intimdating, although I'm quite used to dealing with similar situations through work.

We both sat in the waiting room convinced we'd lost, so when the Judge told us my wife had been awarded middle-rate care for the next 3 years, and backdated it to the end of the last award, we were both speechless!!!!!!!!

Many many thanks for the invaluable help from this site, we really would have had no chance without you!!


and now it's time to celebrate

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