DLA CARE AND MOBILITY APPEAL PROCEDURE.

Hello members

I had a letter back from the disabilities section concerning my claims appeal. I had been granted the lower rate care (day) and no mobility. I have care every night provided by my wife at least three times a night and I am in severe discomfort when I walk stright away . I cannot walk any distance without pain.

So I wrote a letter as shown in how to appeal provided by this brilliant site saying that I disagree with the decision maker and wish to go to appeal and would like to see all the evidence including the medical assessors report.

I recieved a letter today saying, You would like an oral hearing to explain the full effects of my condition.
The process when dealing with a disagreement is first to have the claim considered, then if you are still unhappy with the decision you may have your case heard by an independant appeal tribunal.

Therefore an oral hearing is not appropriate at this stage of your claim . We will treat your letter as a request to have your claim reconsidered. They will charge me £10 approx for information under the data protection act and any reconsideration on my claim will be put on hold until we receive futher information !!

I did not ask for a reconsideration!!

I am sure they are wrong on the procedure I can go directly to appeal as they will reconsider anyway? I am thinking they are trying to extend the time so I miss the 30day deadline for the appeal.

Do I send in appeal form anyway so I do not miss deadline?
I have seen my doctor and she is writting a full detailed letter on my medical issues to present at the hearing and all my medical history as evidence. At my medical I was asked to sign the form before the examination was finished and then he walked me back to my car watching me walk and timing me.

I never read nor had the report read out to me. This must be wrong also.

Any advise please on the above issues. Many thanks for feedback.

ps I live in the Isle of Man but the system and procedures must be the same as this place is in the UK !! Cheers Mel B

Mel B wrote: Hello members

I had a letter back from the disabilities section concerning my claims appeal. I had been granted the lower rate care (day) and no mobility. I have care every night provided by my wife at least three times a night and I am in severe discomfort when I walk stright away . I cannot walk any distance without pain.

So I wrote a letter as shown in how to appeal provided by this brilliant site saying that I disagree with the decision maker and wish to go to appeal and would like to see all the evidence including the medical assessors report.

I recieved a letter today saying, You would like an oral hearing to explain the full effects of my condition.
The process when dealing with a disagreement is first to have the claim considered, then if you are still unhappy with the decision you may have your case heard by an independant appeal tribunal.

Therefore an oral hearing is not appropriate at this stage of your claim . We will treat your letter as a request to have your claim reconsidered. They will charge me £10 approx for information under the data protection act and any reconsideration on my claim will be put on hold until we receive futher information !!

I did not ask for a reconsideration!!

I am sure they are wrong on the procedure I can go directly to appeal as they will reconsider anyway? I am thinking they are trying to extend the time so I miss the 30day deadline for the appeal.

Do I send in appeal form anyway so I do not miss deadline?
I have seen my doctor and she is writting a full detailed letter on my medical issues to present at the hearing and all my medical history as evidence. At my medical I was asked to sign the form before the examination was finished and then he walked me back to my car watching me walk and timing me.

I never read nor had the report read out to me. This must be wrong also.

Any advise please on the above issues. Many thanks for feedback.

ps I live in the Isle of Man but the system and procedures must be the same as this place is in the UK !! Cheers Mel B

Hi MB,

Did you actually request an appeal, or a reconsideration ?

If you submit an appeal, you will automatically receive a reconsideration by a different more senior DWP Decision Maker.

Only then, if the reconsideration is not successful, will the appeal be sent forward to The Tribunal Service, for either an Oral Hearing, where you are in attendance, or a Paper Hearing, where you are not in attendance. It would be your choice on whether it was Oral or Paper.

Oral Hearings have a far greater success rate.

Further, The DWP do not charge for personal information and documentation provided under the Data Protection Act 1998.

DWP Data Protection Policy

To clear this up, you need to submit a GL24 Appeals Form, which can be downloaded and printed off, (from around page 20 only) from the link on this page :

How to submit an appeal

Sending Documents to the DWP or ATOS

You should comment that you have previously requested an appeal by letter, (include a copy) and you are confirming that they should treat this as an appeal, and not a request for a reconsideration.

I would also include a copy of their letter that you received today, as reference.

You can also put them straight regarding the £10 charge that they mentioned.

You may also like to formally request the documentation using a SAR Form, once more, as a separate issue.

SAR Form Download

bro58

ps I live in the Isle of Man but the system and procedures must be the same as this place is in the UK !! Cheers Mel B

Benefits in the Isle of Man do not come under the Department of Work & Pensions, but under the Department of Social Care See A-Z of Benefits in the Isle of Man

As you will see, there are not all the same as those administered by our DWP.

bro58 wrote:

Mel B wrote: Hello members

I had a letter back from the disabilities section concerning my claims appeal. I had been granted the lower rate care (day) and no mobility. I have care every night provided by my wife at least three times a night and I am in severe discomfort when I walk stright away . I cannot walk any distance without pain.

So I wrote a letter as shown in how to appeal provided by this brilliant site saying that I disagree with the decision maker and wish to go to appeal and would like to see all the evidence including the medical assessors report.

I recieved a letter today saying, You would like an oral hearing to explain the full effects of my condition.
The process when dealing with a disagreement is first to have the claim considered, then if you are still unhappy with the decision you may have your case heard by an independant appeal tribunal.

Therefore an oral hearing is not appropriate at this stage of your claim . We will treat your letter as a request to have your claim reconsidered. They will charge me £10 approx for information under the data protection act and any reconsideration on my claim will be put on hold until we receive futher information !!

I did not ask for a reconsideration!!

I am sure they are wrong on the procedure I can go directly to appeal as they will reconsider anyway? I am thinking they are trying to extend the time so I miss the 30day deadline for the appeal.

Do I send in appeal form anyway so I do not miss deadline?
I have seen my doctor and she is writting a full detailed letter on my medical issues to present at the hearing and all my medical history as evidence. At my medical I was asked to sign the form before the examination was finished and then he walked me back to my car watching me walk and timing me.

I never read nor had the report read out to me. This must be wrong also.

Any advise please on the above issues. Many thanks for feedback.

ps I live in the Isle of Man but the system and procedures must be the same as this place is in the UK !! Cheers Mel B

Hi MB,

Did you actually request an appeal, or a reconsideration ?

If you submit an appeal, you will automatically receive a reconsideration by a different more senior DWP Decision Maker.

Only then, if the reconsideration is not successful, will the appeal be sent forward to The Tribunal Service, for either an Oral Hearing, where you are in attendance, or a Paper Hearing, where you are not in attendance. It would be your choice on whether it was Oral or Paper.

Oral Hearings have a far greater success rate.

Further, The DWP do not charge for personal information and documentation provided under the Data Protection Act 1998.

DWP Data Protection Policy

To clear this up, you need to submit a GL24 Appeals Form, which can be downloaded and printed off, (from around page 20 only) from the link on this page :

How to submit an appeal

Sending Documents to the DWP or ATOS

You should comment that you have previously requested an appeal by letter, (include a copy) and you are confirming that they should treat this as an appeal, and not a request for a reconsideration.

I would also include a copy of their letter that you received today, as reference.

You can also put them straight regarding the £10 charge that they mentioned.

You may also like to formally request the documentation using a SAR Form, once more, as a separate issue.

SAR Form Download

bro58

Hi MB,

Apologies, it would seem that procedures are different in the I of M. Therefore, you may have to disregard information in my post.

e.g. The Department of Social Care may well be able to charge a £10 admin fee for a SAR.

You might find more information, here :

www.gov.im/socialcare/security/benefits/...ov?search=SAR&dept=0

bro58

Hi My friend . Yes is was an appeal and not a reconsideration. I have replied and told them I will wait till I have all documents to hand including the doctors letter of support. If I have not had any responce from them next week I have the GL24 which I collected today and will submit to them a few days before the deadline which is the 4th August just to be safe. I cannot understand them saying that at this stage the appeal procedure is not applicable !! To put the reconsideration on hold until they get my evidence is iffy !

Cheers

Mel b

Mel B wrote: Hi My friend . Yes is was an appeal and not a reconsideration. I have replied and told them I will wait till I have all documents to hand including the doctors letter of support. If I have not had any responce from them next week I have the GL24 which I collected today and will submit to them a few days before the deadline which is the 4th August just to be safe. I cannot understand them saying that at this stage the appeal procedure is not applicable !! To put the reconsideration on hold until they get my evidence is iffy !

Cheers

Mel b

Hi MB,

Have you read Jim's and my own previous posts in this topic regarding the procedural differences between The I of M and mainland UK ?

bro59