Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: A couple of questions about appealing.

A couple of questions about appealing. 8 years 7 months ago #17904

I have looked on the site and can't seem to find the answers to these questions. I am about to appeal a desicion to take away my dla Higher mobilty and middle care. As I understand it gets looked at again before being sent on to make sure they haven't made a mistake. As new things have happened since filling in my form, do I need to send a new letter or statement from someone to say what my new needs are. ie I have just discovered that on the form I sent before I said I could walk 30 metres very slow, but the way i walk with 2 crutches is not classed as walking but swinging. I also need to use a wheelchair when I go out now so my needs have changed. I did ring them when it was discussed with my doctor about me getting one, but at the time I didn't yet have it.

Also can I put in new claim even if i'm appealing, i'm sure i have read it somewhere on here but can't find it.

Many thanks, sorry for being long winded.

Please Log in or Create an account to join the conversation.

Re:A couple of questions about appealing. 8 years 7 months ago #17920

  • AndrewPatrick
Moderators are thin on the ground at the moment. You are correct in assuming that your claim will be looked at again when you register and appeal and the quicker you do that the better.

I certainly had success at this stage with my wife's DLA a few years ago but the general consensus is that it will probably be necessary to go to appeal. I think I am right in saying that you don't have to give reasons at this stage just that you wish to appeal the decision to take away your DLA or the levels of DLA you are currently on.

From what you say their decision is outrageous but nothing surprises us anymore!

I don't think there is any harm in your making a statement about your new needs and changed circumstances and if it goes to appeal then you will need evidence to back up your statement.

As to putting in a new claim I'm sure a moderator will advise as soon as possible.

Please Log in or Create an account to join the conversation.

Re:A couple of questions about appealing. 8 years 7 months ago #17922

AndrewPatrick wrote:

Moderators are thin on the ground at the moment. You are correct in assuming that your claim will be looked at again when you register and appeal and the quicker you do that the better.

I certainly had success at this stage with my wife's DLA a few years ago but the general consensus is that it will probably be necessary to go to appeal. I think I am right in saying that you don't have to give reasons at this stage just that you wish to appeal the decision to take away your DLA or the levels of DLA you are currently on.

From what you say their decision is outrageous but nothing surprises us anymore!

I don't think there is any harm in your making a statement about your new needs and changed circumstances and if it goes to appeal then you will need evidence to back up your statement.

As to putting in a new claim I'm sure a moderator will advise as soon as possible.


Just to add to what has been said in the above post, it is essential that you put in a new claim for DLA if your condition has changed and you have increased mobility/care needs. This is because the appeal tribunal can only look down to the decision under appeal, and not for any period after that date.

Put in another claim without delay, otherwise you may miss out on your full entitlement.

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:A couple of questions about appealing. 8 years 7 months ago #17937

Thanks, I will ring for a new claim form tomorrow. I have received the gl54 form today,can I send the form off now without the representive bit filled in or do I need to add a representive now or can I add at a later date? I have an appointment with citizens advice bureau on the 7th of april, but I don't want to leave it to late.
Thanks again

Please Log in or Create an account to join the conversation.

Re:A couple of questions about appealing. 8 years 7 months ago #17945

Hi,

You can add a rep at any point, don't delay returning your form - there's no certainty that the CAB will be able to represent in any case, I'm afraid.

Just on the subject of changes in your condition - I'm not quite sure from your post: has your condition actually changed or simply the aids and adaptations that you use to deal with it.

CD is absolutely right that the tribunal can't look at changes to your circumstances after the date of the decision. But do be sure that they are changes before puttting in a fresh claim.

In relation to the crutches, it sounds like you simply didn't explain clearly on your form about using them, so you just need to do so now.

In relation to the wheelchair, it's less clear. If you were already talking to your doctor about getting one at the time the decision was made then it may not be a change of circumstances as such. When you called the DWP to tell them it was being discussed, had a decision been made about your DLA?
If not, then it probably isn't a change of circumstances that requires a fresh claim.

Good luck,

Steve

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:A couple of questions about appealing. 8 years 7 months ago #17949

Thanks, I have had the condition since I was around 8 or 9 I was diagnoised when I was 17.(i'm 32 now). The conditin is the same it is just that it has got worse since filling in the form in december, so my need for help has changed as well. I had misunderstood the walking question so that I didn't answer correctly. The wheelchair was decided just before I asked for the desicion to reconsidered, which is why I informed them, as you need to tell them about any changes.

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke