Turned Down For DLA

Hello all,
I have just been turned down for DLA. Following all the advice given in guides on this site and the excellent advice from the Mods, I thought my application was good, but in the current climate, I half expected it to be turned down.

There is no appeal form enclosed, just a leaflet listing other benefits that may possibly be applied for. I am sure they are hoping that no-one will read all of the letter down to the point were it advises that you can appeal if you disagree.

Do Decision Makers actually read forms and evidence??

The Ent1 states that I can walk over 50m, and am not so restricted in speed and manner that I am virtually unable to walk.

Tell that to the OT who examined me for my Blue Badge only 2 months ago. I could not complete the distance for her measured walk.

As for personal care, it seems ( sarcasm on ) that I can use kitchen tools, carry and lift, bathe, eat and drink etc. All of which is totally contrary to what I wrote on the application form.

I am wondering if the may have looked at my ESA85 from a year ago to contradict my evidence. I shall phone and write asking for a Statement of Reasons, and what evidence they used to come to the decision. I am already appealing an IB-to-ESA decision, and now I have a DLA decision to appeal. Oh, well, such is life.

As an aside, many years ago, a friend suspected that all claims were turned down, and that if you re-applied the Benefits Agency knew you were serious.

YT

YoursTruly wrote: Hello all,
I have just been turned down for DLA. Following all the advice given in guides on this site and the excellent advice from the Mods, I thought my application was good, but in the current climate, I half expected it to be turned down.

There is no appeal form enclosed, just a leaflet listing other benefits that may possibly be applied for. I am sure they are hoping that no-one will read all of the letter down to the point were it advises that you can appeal if you disagree.

Do Decision Makers actually read forms and evidence??

The Ent1 states that I can walk over 50m, and am not so restricted in speed and manner that I am virtually unable to walk.

Tell that to the OT who examined me for my Blue Badge only 2 months ago. I could not complete the distance for her measured walk.

As for personal care, it seems ( sarcasm on ) that I can use kitchen tools, carry and lift, bathe, eat and drink etc. All of which is totally contrary to what I wrote on the application form.

I am wondering if the may have looked at my ESA85 from a year ago to contradict my evidence. I shall phone and write asking for a Statement of Reasons, and what evidence they used to come to the decision. I am already appealing an IB-to-ESA decision, and now I have a DLA decision to appeal. Oh, well, such is life.

As an aside, many years ago, a friend suspected that all claims were turned down, and that if you re-applied the Benefits Agency knew you were serious.

YT

Hi YT,

Sorry to hear of this.

You can download a GL24 Form from the link on this page :

How to submit an appeal , from our :

Appeals FAQ’s

One would hope that they do read all the evidence, if they haven't they will have to at reconsideration before sending it forward to The Appeals Tribunal Service.

The DLA DM may well have referred to the ESA85 as evidence in coming to the adverse decision.

If you request the DLA Documentation used in coming to the decision, it should say : DLA Medical – What forms to ask for?

You could issue a SAR :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Many people have to apply for DLA several times before they are successful, so don't give up.

I can't remember if I have posted these links before, but you may find them useful :

DM Guide AA & DLA :

www.dwp.gov.uk/docs/dmgch61.pdf

DR UK DLA & AA :

www.disabilityrightsuk.org/f23.htm

Disability Rights UK Factsheet - Appeals and reconsiderations

You may also find out if your G.P. had to fill in a Factual Report for The DWP. (GPFR) :

DLA : G.P. reports :


www.dwp.gov.uk/docs/dla-aa-1pp-factual.pdf

www.dwp.gov.uk/docs/dla-aa-6pp-factual.pdf

www.dwp.gov.uk/docs/medical-reports-completion.pdf


bro58

To add,
The letter was undated, so there is no way for me to know when the 28 day period for requesting a reconsideration or appeal commences.

I thought the fact that I have a recently awarded Blue Badge would suffice as evidence for my limited mobility. I did contact my local council before submitting the application for DLA, to ask for their report, but the person I spoke to didn't know who held the report, and submitting a SAR would have taken too long.

I spoke to someone else, today, and I now should be able to obtain a copy.

YT

YoursTruly wrote: To add,
The letter was undated, so there is no way for me to know when the 28 day period for requesting a reconsideration or appeal commences.

I thought the fact that I have a recently awarded Blue Badge would suffice as evidence for my limited mobility. I did contact my local council before submitting the application for DLA, to ask for their report, but the person I spoke to didn't know who held the report, and submitting a SAR would have taken too long.

I spoke to someone else, today, and I now should be able to obtain a copy.

YT

Hi YT,

You have one month to appeal from the date on The DLA Decision Notice letter.

You can issue the SAR, and send any further evidence as a result of this as soon as you receive the documents.

You can make a comment to this effect on The GL24.

You must submit a GL24 within the one month deadline to protect your right of appeal.

In many situations it is enough to reiterate information previously provided, and redraw the reviewing DM's attention to it.

Don't forget, at the automatic reconsideration, a different more senior DM will review your DLA claim.

bro58

Thanks, bro58, for pointing me to the relevant guides and downloads. I shall take some time to peruse and digest them.

Coincidentally, I only saw my GP a couple of days ago. I am sure he would have told me if information had been requested; he is supportive of my ESA appeal.

I've been through the mill with DLA in the past, having received it, then having it denied on renewal. At the time, I was told that having received HRMC was not evidence of difficulty in walking. Have the rules changed? I have seen several posts suggesting previous medicals can be used as evidence. Or was I simply misled at the time?

Unfortunately, I was poorly represented at appeal; the disability member suggested how and what I could cook, using a method contrary to the guidelines; and there were errors in the medical report.

YT

bro58 wrote:
Hi YT,

You have one month to appeal from the date on The DLA Decision Notice letter.

You can issue the SAR, and send any further evidence as a result of this as soon as you receive the documents.

You can make a comment to this effect on The GL24.

You must submit a GL24 within the one month deadline to protect your right of appeal.

In many situations it is enough to reiterate information previously provided, and redraw the reviewing DM's attention to it.

Don't forget, at the automatic reconsideration, a different more senior DM will review your DLA claim.

bro58

The letter is totally undated and their is no postmarked date on the envelope.

YT