DLA

Hi Guys

Just had a look at Tracy's posting concerning her fears of having awards removed.

This has hppened to me in my other posts and this procedure seems wrong that the DM can look at the whole claim again and remove awards even if the circumstances have not changed.

The whole process looks like a threat which is there to prevent reconsiderations and appeals.
Would you agree??

As i mentioned before the Social Security Act 1998 Part 1 Sections 8 - 12 under Decisions by an Adjudiction Officer.

Revisions of Decisions.

9 (2) states :

In making a decision an adjudication officer Need Not Consider ANY issue that is not raised by the application . Or as the case may be , did not cause him to act on his own initiative.

The first part of this act reads to me as if an award, say day care is awarded and ( is not an issue therefor not raised by the application) the adjudicator cannot visit that award and cannot remove or reduce it !

The act is quite clear on this subject so why has this act not been used to prevent this un-natual justice.

Although this happens ! it does not make it right and if they are ignoring the law in this act : fight them with it use it against them. There are similar controls for appeal courts under these regulations.

In the act 10 (1) Decisions superseding earlier decisions

It states: may be superseded by a decision made by an adjudication officer , either on an application
made for the purpose or his own initiative.

Which again allows only on an application OR his own purpose / initiative.

If the application of day care is an issue or any other award then he could remove the award or reduce it but has to be raised as an issue.

This is a bit heavy to get the mind around but reading it is a must to see what I mean and I wonder if nobody has discovered this section and tested it.

Cheers

Mel b

Hello

I have read that if a report is illegible you can ask for a typed version. I need to read this report as I am awaitng the appeal date which will be within the next few weeks

So I did just that and the dept refused !!

They said and I quote : IF THE CONTENT OF THE REPORT HAS BEEN MIS-READ IN ANY WAY BY THE DEPARTMENT, THE DEPARTMENTS INTERPRETATION OF THE REPORT WOULD BE CARRIED THROUGH TO THE TYPED COPY. THIS COULD THEREFORE RENDER THE INFORMATION IN THE TYPED COPY ERROENOUS AND WOULD NOT BE REPRESENTIVE OF THE ACTUAL INFORMATION THAT THE DEPARTMENT IS PROVIDING THE APPEAL TRIBUNAL.

They have said if you want it typed get in touch with the doctor and ask if he charges we will not be liable for the cost.
I thought they had to supply it typed if illegible?

Any comments please.

Hi Gordon

Magic thanks for that.

Do you think they could set it aside or would it be a 50/50 chance. Or more in favor towards my appeal if our evidence is solid ?

Many thanks

Mel b