- Posts: 51208
× Members
DLA AWARD TAKEN AWAY BY ADJUDICATOR.
- Gordon
- Offline
Less More
10 years 8 months ago #110314 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA AWARD TAKEN AWAY BY ADJUDICATOR.
Mel B
We are not aware of an adverse DLA Decision having an effect on an IB award, although I am surprised that you have not already been transferred to ESA.
In regard the DLA, now that a Reconsideration has been made, you have two ways forward.
As there is currently no award in place you can make a new claim for PIP, the criteria for PIP is very different from that for DLA, so you should have a look at our PIP Claim guide to see whether you are likely to qualify.
www.benefitsandwork.co.uk/help-for-claimants/pip
You can appeal the DLA Decision. You can do this in parallel to making a new claim for PIP, but any Decision on the PIP claim will limit any award that a Tribunal might make.
To appeal have a look at our DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
Gordon
We are not aware of an adverse DLA Decision having an effect on an IB award, although I am surprised that you have not already been transferred to ESA.
In regard the DLA, now that a Reconsideration has been made, you have two ways forward.
As there is currently no award in place you can make a new claim for PIP, the criteria for PIP is very different from that for DLA, so you should have a look at our PIP Claim guide to see whether you are likely to qualify.
www.benefitsandwork.co.uk/help-for-claimants/pip
You can appeal the DLA Decision. You can do this in parallel to making a new claim for PIP, but any Decision on the PIP claim will limit any award that a Tribunal might make.
To appeal have a look at our DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), Mel B
Please Log in or Create an account to join the conversation.
- Mel B
- Topic Author
- Offline
Less More
- Posts: 75
10 years 8 months ago #110354 by Mel B
Replied by Mel B on topic DLA AWARD TAKEN AWAY BY ADJUDICATOR.
Hello
In my issues with the Adjudicators and not getting a proper explanation to why my claim has been rejected and my original DlA taken away. Jim you mention natual Justice and set aside.
I have sent them a letter today explaining I do not accept their explaination as acceptable and have asked for a proper detailed explantion not just quotes from the law they use.
If , as I expect they do not comply and I still get quotes ! What will happen at the appeal? Will this go in my favor and does set aside mean they will not go ahead with the appeal until I get a proper explanation?
I am starting the appeal procedure next week and am looking for a good legal rep to help me at the hearing . Two good heads are better than one, as I was going on my own .
Thanks in advance.
Mel b
In my issues with the Adjudicators and not getting a proper explanation to why my claim has been rejected and my original DlA taken away. Jim you mention natual Justice and set aside.
I have sent them a letter today explaining I do not accept their explaination as acceptable and have asked for a proper detailed explantion not just quotes from the law they use.
If , as I expect they do not comply and I still get quotes ! What will happen at the appeal? Will this go in my favor and does set aside mean they will not go ahead with the appeal until I get a proper explanation?
I am starting the appeal procedure next week and am looking for a good legal rep to help me at the hearing . Two good heads are better than one, as I was going on my own .
Thanks in advance.
Mel b
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51208
10 years 8 months ago #110359 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA AWARD TAKEN AWAY BY ADJUDICATOR.
Mel B
Whilst the DWP are supposed to provide a written Statement of Reasons when requested by a claimant, there is no clear definition as to what that consists of, as a consequence the DWP often send what they believe constitutes a SoR, I have moderated for over three years and I know of only one member who has received a document that they were happy to call a SoR
The Tribunals role is to re-make the original Decision based on the evidence available to them at the hearing and your personal testimony on the day, the SoR or whatever you receive from the "DWP" will be treated as evidence and will be weighed by the panel as any other document will.
Gordon
Whilst the DWP are supposed to provide a written Statement of Reasons when requested by a claimant, there is no clear definition as to what that consists of, as a consequence the DWP often send what they believe constitutes a SoR, I have moderated for over three years and I know of only one member who has received a document that they were happy to call a SoR
The Tribunals role is to re-make the original Decision based on the evidence available to them at the hearing and your personal testimony on the day, the SoR or whatever you receive from the "DWP" will be treated as evidence and will be weighed by the panel as any other document will.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Mel B
- Topic Author
- Offline
Less More
- Posts: 75
10 years 8 months ago #110398 by Mel B
Replied by Mel B on topic DLA AWARD TAKEN AWAY BY ADJUDICATOR.
Hi Gordon
Thanks for your reply. They dont want to commit themselves to anything specific so you can nail them at the appeal. Maybe I will be lucky this time but wont hold my breath.
The other thing that get me mad is the Adjudicator at reconsideration can disallow awards. I think this is wrong . Once you have an award only the appeal panel should be able to take it away with a good reason.
To make a statement that: bear in mind if you have a reconsideration we can take away an award is a threat !!
Its there to put you off contesting... Its wrong !!
Thats why I always read : I am frightened to have a reconsideration! The threat works and they know it..
I compair it to having a parking ticket and the company tells you if you contest it you could have the amount increased. It would prevent alot of contesting.
They should only be allowed to keep it the same or increase the award.
Probably wasting my breath it wont change.. but thats my view.
Getting off my soap box now.
Many thanks again for you reply.
Mel b
Thanks for your reply. They dont want to commit themselves to anything specific so you can nail them at the appeal. Maybe I will be lucky this time but wont hold my breath.
The other thing that get me mad is the Adjudicator at reconsideration can disallow awards. I think this is wrong . Once you have an award only the appeal panel should be able to take it away with a good reason.
To make a statement that: bear in mind if you have a reconsideration we can take away an award is a threat !!
Its there to put you off contesting... Its wrong !!
Thats why I always read : I am frightened to have a reconsideration! The threat works and they know it..
I compair it to having a parking ticket and the company tells you if you contest it you could have the amount increased. It would prevent alot of contesting.
They should only be allowed to keep it the same or increase the award.
Probably wasting my breath it wont change.. but thats my view.
Getting off my soap box now.
Many thanks again for you reply.
Mel b
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51208
10 years 8 months ago #110404 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA AWARD TAKEN AWAY BY ADJUDICATOR.
Mel B
Both a Reconsideration and an Appeal re-make the original Decision and can therefore make any decision that the original Decision could make, it is unusual for a Reconsideration to result in a reduced or removed award but it is always a possibility.
Gordon
Both a Reconsideration and an Appeal re-make the original Decision and can therefore make any decision that the original Decision could make, it is unusual for a Reconsideration to result in a reduced or removed award but it is always a possibility.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris