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TOPIC: Mandatory recon and DWP response to appeal

Mandatory recon and DWP response to appeal 1 week 5 days ago #239947

My 30 yr old son has severe epilepsy, sadly considered permanent and unlikely to improve by his consultant. The original decision said his award was for 18 months because surgery might improve things, without any evidence at all to support this claim. After another consultants letter expressing his surprise at the decision and reiterating that my sons condition is permanent, the mandatory reconsideration told us the length of the award had been increased to 3 years, and the letter stated they were unable to increase the term of the award because my son has a limited right to remain in the uk. This is utter nonsense. After we lodged our appeal, we received a reply from the dwp in their submission to the Tribunal which says the statement about my sons right to remain was an administrative error, and giving a new, different reason for limiting the time period of my sons claim to 3 years, ie that his medication could become more effective. Again, with no evidence to support this claim. Are they allowed to move the goal posts like this? Surely our appeal is against the mandatory consideration reason, not the response to our appeal new reason? How can they base their decision on unfounded guesswork, in contravention of our consultants and our gp’s evidence? The tribunal is on Friday next week so I need help as soon as possible, please. Thank you in advance. HH

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Mandatory recon and DWP response to appeal 1 week 5 days ago #239960

Hi hh

Unfortunately, the DWP can move the goalposts (or at least they can try) and it will be up to the tribunal to challenge it. When you are in front of the panel you will have the opportunity to point out the DWP's errors and their refusal to listen to what your son's consultant has said about his condition. Be aware the tribunal does not always change the length of an award, but it does happen and when you get the chance to speak - remind them you are challenging this.


Also have a look at this thread by forum member Becca. Her son has a different condition, but she was successful in challenging the length of the award and in about the fourth entry down she quotes the case law she used. at the tribunal. It may be useful for you.

www.benefitsandwork.co.uk/forum/10-dla-e...ppealed-by-appointee

BIS

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Last edit: by BIS.
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