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TOPIC: DLA given then taken away 23 days later

Re:DLA given then taken away 23 days later 8 years 10 months ago #28256

Hi Poohbear,

Do try to get advice from a welfare rights agency on this if you possibly can.

Once a decision has been made, the DWP have to have grounds for looking at it again.

The fact that a different decision maker looked at the same evidence whilst copying it to send to you - if that's what happened - doesn't sound like grounds for superceding the previous decision.

Good luck,

Steve

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

Re:DLA given then taken away 23 days later 8 years 10 months ago #28262

poohbear
wrote:

Hi there

I am new to this Forum and I am looking for help. I followed all the advice given in the literature supplied and on 1 September 2010 I was awarded high mobility and medium care DLA. This was after they received reports from my GP, my consultant and the medical examiner that they sent to my house (he was with me for 2 hours).

I suffer badly from fibromyalgia and also have R.A. There are many days when I find it difficult to do anything - migraines and fatigue can completely incapacitate me.

I have today received another letter from DWP, dated 23 September 2010. This contradicts everything that the previous letters stated and says that I do not need any help at all and I am awarded nothing. All the things I can't do, they say I can!

How can they go from one decision to the other in a matter of 23 days? Has anybody else had any experience of this?

I have, in the meantime, got a free tax disc for my car and have applied for a refund and have applied for a blue badge, which I desparately need.

All thoughts gratefully received.

Thanks
Poohbear


This is not the first time that the withdrawal/reduction of a DLA award has happened in this forum.

It may hopefully be a clerical error, but it may be that your case has been the subject of a random sample internal audit of decision makers' decisions, whereby the correctness of the award has been queried and therefore with a request for it to be revised (amended).

As you were awarded DLA, the only grounds available to the decision making authority to revise the award, are either ignorance of a material fact or a mistake as to a material fact. As the award has been changed, you are entitled to an explanation of the reason for the revised decision at the very least, but more importantly the issue of a formal decision and the right of appeal.

As Steve has mentioned in the previous post, a decision maker cannot simply change a decision on a whim without following the proper procedures as laid down by statute.

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Re:DLA given then taken away 23 days later 8 years 10 months ago #28263

:angry: This Atos lot have a lot to answer for and your case is one of many that they seem to get wrong.
Why should the tax payer pay for your appeal when its clear Atos have got this wrong. The law needs to be changed so when Atos get it wrong as they do in 40% of appeals, they Atos should foot the bill.
That way they just might take much more care in making there reports.
One person got 0 points from Atos but then got 100 points at appeal.
Clear then that a bunch of idiots are running the so called medical.
In my view they in turn are employed by a bigger bunch of idiots.

I for one hope some retribution comes to Atos for the pain they have caused.

Tom

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Last edit: by Crazydiamond. Reason: Offending wording removed - see next post.

Re:DLA given then taken away 23 days later 8 years 10 months ago #28291

On this occasion far from me to defend Atos, but the likelihood is that it is the DLA Unit decision maker who has reached the wrong decision and not Atos!

Edit: I have removed the part of the preceding post which refers to connections with the second world war, as it certainly upsets one member and perhaps others as well?

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Last edit: by Crazydiamond.

Re: DLA given then taken away 23 days later 8 years 10 months ago #28426

Hi there,
I can understand your shock and for your own sanity you must get advice and appeal a totally ridiculous decision. Make sure you get the person who put a name to the decision,and do not give up. The most important thing anyone can do,is believe in your own commitment towards getting a fair decision,not one made by percentages to cut down .Good luck and keep your resolve on this.

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Re: DLA given then taken away 23 days later 8 years 10 months ago #28432

  • Survivor
Tomtom -

Sorry it has not been possible to publish your post.

Please see www.benefitsandwork.co.uk/faq/forum-faq#deleted

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