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DLA CARE AND MOBILITY APPEAL PROCEDURE.

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11 years 10 months ago - 11 years 10 months ago #108464 by Mel B
Hi Guys
Just to let you know how I am getting on with my DLA claim here in the Isle of Man.
Recently I disagreed with a award of low rate day care and no mobility.
Advised dept of intension to go to appeal straight away without second desicion or reconsidertion.
Told NO CAN DO my letter would be taken as a reconsideration. Cannot go stright to appeal the process is, after the reconsideration if then you still disagree then you have 30 days from the date on that letter even if the originl 30 days has expired. Only then will the tribunal accept the appeal and could be heard within approx 7 weeks.
Have approached doctor who after a long discussion agreed to write a letter for me hopefully saying my meds / symptoms etc are consistant with my claim and difficulties.

We do not ave ATOS over here so examination without medical history takes place with a local private doctor. I have asked for all documentation concerning my claim including his report which cost me £10.

I have noticed on the examintion form, he is supposed to read out to you what he has written when compleated but in my case he did NOT but asked me to sign the form which I did.
(AFTER) signing he walked with me to my car timing me as I walked, then said goodby. He then returned to his office and compleated the section on my ability to walk etc. I think this is compleatly wrong as I disagreed with his comments when I recieved the copy today!!!

The DSC have now asked me too outline in detail my mobility and care needs for the Reconsideration and break down my day and night care needs. On the Medical examination form concerning the night he has written, I need help from my wife to get out of bed. The DSC have ignored this and just awarded low day only !! What is the point of asking for a report eh !! What are they like !! I will point this out to them in my next letter. Do they not read !!

I still have the DL 24 ready for an appeal if needed. It is like they want you to fail , offer you the lowest component just to see if you fight the decision.

I now am compiling info required and would be grateful for any comments on this situation.
Thanx for reading my experiences in this difficult period.
Cheers
Mel B
Last edit: 11 years 10 months ago by .

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 10 months ago - 11 years 10 months ago #108548 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA CARE AND MOBILITY APPEAL PROCEDURE.
Thanks for keeping us up-to-date. As I'm not familiar with the differences between the Isle of Man and the UK mainland law, I cannot really advise you further.

Currently in the UK, a claimant for DLA can go straight to appeal without asking for a reconsideration, although the claim is always reconsidered by a Senior Decision Maker before passing it to the Tribunals Service to action. This will change when current DLA recipients are transferred to PIP, or a new claim for PIP is made. They will then have to ask for 'reconsideration' before being allowed to submit a formal appeal request.

A legal, but immoral way of delaying the appeals process.

Good luck !!

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Last edit: 11 years 10 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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