DLA Appeal

I am not absolutely certain of how things work here, but I have been reading the different experiences and questions, and I need to ask something. I was given an Appeal hearing date for DLA, but I was contacted by the Caseworker/Adviser prior to the hearing and was told that the medical report that was given was not a very favourable one so I must write to the Appeal Clerk and withdraw. I did this and the following day the Clerk called me and wanted to know why I had made such a decision? I gave the reason that was told to me, and then I was told that I have 1 month to contact them if I needed to go ahead with the Appeal. I would like to know if there is anything that I can do. As (1) in August I had an ESA Appeal that I won, however, the DLA was recommended to me by the GP, and now more than ever I think he knew that my condition was invariably getting worse, now I have osteoporosis, my legs are constantly in pain along with my back and hips. Did I do something stupid by giving up before I even tried?

Esther wrote:

I am not absolutely certain of how things work here, but I have been reading the different experiences and questions, and I need to ask something. I was given an Appeal hearing date for DLA, but I was contacted by the Caseworker/Adviser prior to the hearing and was told that the medical report that was given was not a very favourable one so I must write to the Appeal Clerk and withdraw. I did this and the following day the Clerk called me and wanted to know why I had made such a decision? I gave the reason that was told to me, and then I was told that I have 1 month to contact them if I needed to go ahead with the Appeal. I would like to know if there is anything that I can do. As (1) in August I had an ESA Appeal that I won, however, the DLA was recommended to me by the GP, and now more than ever I think he knew that my condition was invariably getting worse, now I have osteoporosis, my legs are constantly in pain along with my back and hips. Did I do something stupid by giving up before I even tried?

Hi,

If you withdraw your appeal, in effect that ends that claim for DLA entirely. If you wish to reapply for DLA you must do so from scratch again, and you will have forfeited any right to back pay (should your appeal be successful) from the date of original claim.

To be honest, I am a little surprised at what your adviser said (albeit of course we are not privy to the full details and case paperwork etc) regarding withdrawing your appeal. I would have thought trying to obtain evidence to counter the medical report would have been one line of approach, or even explaining to the Tribunal panel that there were certain inaccuracies on the medical report. I can only presume the medical report must have been pretty damning for your adviser to base withdrawing totally on it.

However it is not too late by the sound of it to withdraw your withdrawal and still ask for the Tribunal to still go ahead. Is there another Welfare Rights/Cab etc than you can consult in the interim to get a second opinion on your case?

Alternatively, after reading the guides, do you think you could go it alone at the tribunal. You could have a friend or relative there to support you. Many people do go to tribunals alone or just with a friend and are successful.

If you currently have no DLA award then there is really nothing to lose by continuing with the appeal.

Pete