DLA Appeal

Hello . I applied for DLA using your guides on 14.05.13. I have received a letter refusing any award with the decision based on my ATOS assessment on 30.07.12. in which I was not awarded ESA. However, when I completed my claim I told them that I had won a tribunal on 04.05.13 entitling me to ESA . I also tlold them that I was awaiting the outcome of Xrays on my lowere back and hips. They have refused the claim for DLA based on an ATOS medical that was overruled by the tribunal and since claiming I have had the diagnosis of severe arthritis in my lower back and hips and a referral to an orthopedic consultant. I want to appeal the DLA decision. Do I have sufficient grounds do you think

beepeez wrote: Hello . I applied for DLA using your guides on 14.05.13. I have received a letter refusing any award with the decision based on my ATOS assessment on 30.07.12. in which I was not awarded ESA. However, when I completed my claim I told them that I had won a tribunal on 04.05.13 entitling me to ESA . I also tlold them that I was awaiting the outcome of Xrays on my lowere back and hips. They have refused the claim for DLA based on an ATOS medical that was overruled by the tribunal and since claiming I have had the diagnosis of severe arthritis in my lower back and hips and a referral to an orthopedic consultant. I want to appeal the DLA decision. Do I have sufficient grounds do you think

Hi b,

It would seem that you have nothing at all to lose by appealing the adverse DLA decision.

If you don't do so, your only other alternative would be to make a new claim for PIP, as DLA is now finished for fresh claims.

If you are to appeal, I would certainly reiterate that the ATOS medical report recommendations were overruled by the Tribunal decision, and include any other evidence that you may now have. (Include a copy of the tribunal decision notice)

We advise that you appeal in the first instance, rather than requesting a reconsideration first, as an automatic reconsideration will take place when you submit an appeal.

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

How to submit an appeal

See also : How long do I have to appeal?

From our : Appeals FAQ’s

You only have to print off the actual form, which starts from around page 20.

There is also an appeals guide on this page : DLA Guides

Our : DLA FAQ’s may also help, as well as this document : Disability Rights UK Factsheet - Appeals and reconsiderations

As well as appealing you could also request copies of the documentation used by the DM in coming to the adverse DLA decision. (As a separate issue)

DLA Medical – What forms to ask for?

Sending Documents to the DWP or ATOS

bro58