Turned Down For DLA

YoursTruly wrote:

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

Hi YT,

I would recommend that you treat the date of the letter as a few days before you received it, and try and get your GL24 submitted within one month of that "supposed" date.

Unless it is dated, the decision notice is not a legally binding document, and may give grounds for a late appeal.

You could send a letter querying this, however to avoid further problems I would submit my appeal as soon as you can, if that is indeed what you intend to do.

There is also a DLA Appeals Guide on this page :

DLA Guides

bro58

Sorry to hear this YT, but can I encourage you to either appeal or apply again, I too with a DLA renewal lost it, lost appeal, aplied again as have a degenerative condition, had home visit and got HRM LRC for a fixed term, hope this encourages you to keep going with it

Hello all,
Well, today, I received the Statement of Reasons, actually a "Written Explanation". It basically states that I can walk and self-care. They have totally ignored my DLA1 and additional information. They have used an 11-month old ESA medical ( which is full of errors and assumptions ) as evidence, and ignored the fact that a 2-month old Independent Medical Assessment awarded me a Blue Badge.

In the ESA85, no mention is made of walking 50m, just an assumption that as I shop for myself ( no-one else to do it for me ) I can walk.

So, off to appeal it goes. In the meantime, I am awaiting the O.T. report of my Blue Badge assessment. I had hoped the award of the Badge would have been evidence enough.

YT

Hello again,
Today, I received a bundle of papers from the DWP. It seems that they have turned me down, at Reconsideration, preferring a disputed ESA85 to an independent assessment from an OT.

Onwards to appeal it goes. I shall start putting together a submission for the Tribunal, but other than re-iterating the contents of my DLA1, and pointing out the errors in the ESA85, there is not much more that I can add to what is already in the bundle.