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DLA have lost application form
- mommaduck
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12 years 1 day ago - 12 years 1 day ago #86431 by mommaduck
DLA have lost application form was created by mommaduck
Would appreciate any help with how to proceed please.
I submitted an application DLA form in January for my adult daughter. She was turned down within 2/3 weeks. No medical assessment was done.
I wrote asking for a copy of her applicationform along with copies of GP report, Consultant report and a statement of reasons and also a report from some unknown medical expert that they had used.
I said that I also had further medical evidence which was missing from application and when I had copies of everything that I had asked for as I wanted to be sure what was actually missing I would send the further evidence and ask for a re-consideration.
They wrote back ignoring my requests for documentation but said that they were now looking at the claim again.
I wrote back saying that I needed the doc's I had previously sent irrespective of the fact that they were looking at the claim again.
Several letters have gone back and to in the same vein until New claims say that they have 'lost her file' and Preston say they are looking at it again. I can get no sense out of them.
They say that they have tried to ring her on phone number given in file. How can they do this if the file is lost? no number was given in the file anyway. They say they have kept the number from a previous enquirey. I say they have never had her number as it has never been given at any time.
They have now, four months later sent a new claim for to fill out.
My questions are these: 1: If she is successful, will her claim be back dated to earlier claim form? 2: If I now fill in the new form using the guides on this site how will it look if it appears that the new claim form is exagerating her condition because the questions on the new form are answered better. 3:Is it possible to just ask for an appeal at this stage as how can they defend their decision if they have no paperwork? Surely they must have computerised records of the Statement of Reasons at least.
I don't know how to proceed and would appreciate some direction if possible. thanks
I submitted an application DLA form in January for my adult daughter. She was turned down within 2/3 weeks. No medical assessment was done.
I wrote asking for a copy of her applicationform along with copies of GP report, Consultant report and a statement of reasons and also a report from some unknown medical expert that they had used.
I said that I also had further medical evidence which was missing from application and when I had copies of everything that I had asked for as I wanted to be sure what was actually missing I would send the further evidence and ask for a re-consideration.
They wrote back ignoring my requests for documentation but said that they were now looking at the claim again.
I wrote back saying that I needed the doc's I had previously sent irrespective of the fact that they were looking at the claim again.
Several letters have gone back and to in the same vein until New claims say that they have 'lost her file' and Preston say they are looking at it again. I can get no sense out of them.
They say that they have tried to ring her on phone number given in file. How can they do this if the file is lost? no number was given in the file anyway. They say they have kept the number from a previous enquirey. I say they have never had her number as it has never been given at any time.
They have now, four months later sent a new claim for to fill out.
My questions are these: 1: If she is successful, will her claim be back dated to earlier claim form? 2: If I now fill in the new form using the guides on this site how will it look if it appears that the new claim form is exagerating her condition because the questions on the new form are answered better. 3:Is it possible to just ask for an appeal at this stage as how can they defend their decision if they have no paperwork? Surely they must have computerised records of the Statement of Reasons at least.
I don't know how to proceed and would appreciate some direction if possible. thanks
Last edit: 12 years 1 day ago by Gordon.
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12 years 1 day ago #86441 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA have lost application form
mommaduck
When the DWP talk about your daughters file, this will consist of at least two seperate sets of data, first there is a physical file containing the paperwork you have sent them, medical reports etc., unfortunately, it is possible for this to be lost although this should be unacceptable. Secondly, there is a computer record which contains your daughters details.
It is possible for the DWP to have acquired your daughters phone number from another source, for example HMRC, and for it to be stored in her computer record which is why they have been able to use it to contact her.
with regard your questions.
1. Given that her January application was turned down, I can see no reason why any fresh application would be backdated to this date. I'm afraid it will be start from scratch.
2. I am sure you will be filling in the form honestly, but in more detail and with more relevance to the DLA criteria, than on the original application, on this basis there should be no reason for the DWP to assume you are exagerating her condition(s).
3. Yes, you can ask for an appeal. In fact we would always recommend a claimant appeals rather than asking for a Reconsideration, as the DWP are obliged to carry out a Reconsideration before submitting the file to the Tribunal Service.
Good luck
Gordon
When the DWP talk about your daughters file, this will consist of at least two seperate sets of data, first there is a physical file containing the paperwork you have sent them, medical reports etc., unfortunately, it is possible for this to be lost although this should be unacceptable. Secondly, there is a computer record which contains your daughters details.
It is possible for the DWP to have acquired your daughters phone number from another source, for example HMRC, and for it to be stored in her computer record which is why they have been able to use it to contact her.
with regard your questions.
1. Given that her January application was turned down, I can see no reason why any fresh application would be backdated to this date. I'm afraid it will be start from scratch.
2. I am sure you will be filling in the form honestly, but in more detail and with more relevance to the DLA criteria, than on the original application, on this basis there should be no reason for the DWP to assume you are exagerating her condition(s).
3. Yes, you can ask for an appeal. In fact we would always recommend a claimant appeals rather than asking for a Reconsideration, as the DWP are obliged to carry out a Reconsideration before submitting the file to the Tribunal Service.
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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