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No DLA
- mariaz18
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10 years 5 months ago - 10 years 5 months ago #113121 by mariaz18
No DLA was created by mariaz18
Hi,
I'm looking after my father who is ill. We applied for DLA in May with the help of CAB and today hear from DWP that no DLA is awarded to my father. I send in consultant letters to support the application.
I will definitely be appealing and Just wanted to ask, do I at this stage, send in a letter from my GP or do I wait until the appeal date and send it in as part of my submission?
I'm looking after my father who is ill. We applied for DLA in May with the help of CAB and today hear from DWP that no DLA is awarded to my father. I send in consultant letters to support the application.
I will definitely be appealing and Just wanted to ask, do I at this stage, send in a letter from my GP or do I wait until the appeal date and send it in as part of my submission?
Last edit: 10 years 5 months ago by bro58. Reason: Tick.
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- Gordon
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10 years 5 months ago #113126 by Gordon
Your options will be dependant on the date of the Decision letter, if it is dated on or after 28 October then I would expect your father to have to request a Mandatory Reconsideration before they can lodge an appeal, if it was before the 28th then they can go straight to appeal.
We often hear of claimants holding back evidence for the appeal, even some advisors recommend this, I have to say that I do not agree, I think the argument is that the evidence is de-valued if the DWP refuse to revise the Decision, but this is simply not the case as the Tribunal will look at everything from scratch. By not submitting it you may simply be ensuring that you have to wait an additional six months for a hearing.
Gordon
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Replied by Gordon on topic No DLA
mariaz18 wrote: Hi,
I'm looking after my father who is ill. We applied for DLA in May with the help of CAB and today hear from DWP that no DLA is awarded to my father. I send in consultant letters to support the application.
I will definitely be appealing and Just wanted to ask, do I at this stage, send in a letter from my GP or do I wait until the appeal date and send it in as part of my submission?
Your options will be dependant on the date of the Decision letter, if it is dated on or after 28 October then I would expect your father to have to request a Mandatory Reconsideration before they can lodge an appeal, if it was before the 28th then they can go straight to appeal.
We often hear of claimants holding back evidence for the appeal, even some advisors recommend this, I have to say that I do not agree, I think the argument is that the evidence is de-valued if the DWP refuse to revise the Decision, but this is simply not the case as the Tribunal will look at everything from scratch. By not submitting it you may simply be ensuring that you have to wait an additional six months for a hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mariaz18
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10 years 5 months ago - 10 years 5 months ago #113128 by mariaz18
Replied by mariaz18 on topic No DLA
The letter is dated 5th Nov 2013, so I suppose I have to ask for a Mandatory Reconsideration.
Isn't this a good thing? As they may 'change' their minds with the extra evidence?
Didn't DWP do reconsiderations pre 28th Oct 2013?
Isn't this a good thing? As they may 'change' their minds with the extra evidence?
Didn't DWP do reconsiderations pre 28th Oct 2013?
Last edit: 10 years 5 months ago by slugsta.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 5 months ago #113132 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
You father will have to have a mandatory reconsideration.
Yes, the DWP did do reconsiderations pre 28 October. However, they were not mandatory at that time, but a request for an appeal was always reconsidered by a more senior decision maker, before passing it to the Tribunals Service for an appeal, except where reconsideration resulted in an award more favourable to the claimant.
Good luck.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic No DLA
mariaz18 wrote: The letter is dated 5th Nov 2013, so I suppose I have to ask for a Mandatory Reconsideration.
Isn't this a good thing? As they may 'change' their minds with the extra evidence?
Didn't DWP do reconsiderations pre 28th Oct 2013?
You father will have to have a mandatory reconsideration.
Yes, the DWP did do reconsiderations pre 28 October. However, they were not mandatory at that time, but a request for an appeal was always reconsidered by a more senior decision maker, before passing it to the Tribunals Service for an appeal, except where reconsideration resulted in an award more favourable to the claimant.
Good luck.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- slugsta
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10 years 5 months ago #113133 by slugsta
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Replied by slugsta on topic No DLA
The difference now is that the claimant cannot lodge an appeal until the mandatory reconsideration has taken place, no matter how long it takes. It doesn't change much for people applying for DLA/PIP but those applying for ESA and found 'fit for work' will not receive any payment until the reconsideration has taken place and the appeal submitted.
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- mariaz18
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10 years 5 months ago - 10 years 5 months ago #113406 by mariaz18
Replied by mariaz18 on topic No DLA
Hi,
Can I just ask if you have a template/tips and the kind of things that should be included when asking for Mandatory Reconsideration?
Also can I submit a more detailed letter to DWP as additional information which explains further about my fathers care/mobility needs? or is it too late at this stage?
I'm sending in GP's report with this as my GP refused to fill out the DWP report.
Can I just ask if you have a template/tips and the kind of things that should be included when asking for Mandatory Reconsideration?
Also can I submit a more detailed letter to DWP as additional information which explains further about my fathers care/mobility needs? or is it too late at this stage?
I'm sending in GP's report with this as my GP refused to fill out the DWP report.
Last edit: 10 years 5 months ago by Gordon.
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