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TOPIC: DLA appeals process

DLA appeals process 7 years 1 week ago #13006

I applied (first time) for DLA, hoping for LRC on grounds of the cooking test. I got a nil award letter (‘although you have difficulties you do not need help’), so sent in a GL24 Appeal. The reply says ‘we are looking at all the info that we have. If you have not heard from us within 11 weeks, feel free to contact us.’

What can I usefully be doing in the meantime?

Should I ask my GP and private doctor immediately for reports, or wait until I’ve had the submission papers? (They might give a clue as to whether they think a private diagnosis of Lyme disease is worthless, or they just don’t believe in chronic fatigue-type illnesses).

According to your Guide (Best possible support for clients with DLA appeals) you can be asked at the Tribunal to show letters you’ve written asking for reports, so they can assess whether you pressurised your doctor.

Actually, I wrote to both doctors immediately I’d applied, with a copy of what I’d put on the form, as I naively thought the DWP would actually take the trouble to contact them. In my covering letters I put I was hoping for LRC, and now I know the Tribunal can ask to see the letters I wish I hadn’t .

Is it OK to be upfront about not expecting more than LRC, or is that a bit risky?

If I get the reports before my case is sent on to the Tribunal, should I send them in, in the hope the DWP will use them while they’re still reconsidering their decision?

Is there any point in preparing a written submission of my own, explaining why I think I’m entitled? I only put the formula from your Guide (can’t give grounds of appeal until I’ve had the papers) on the GL24.

All suggestions/shared experiences gratefully received!
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Re:DLA appeals process 7 years 1 week ago #13009

Hi Elaine,

There's no reason at all why you shouldn't say what award you are hoping for in letters to your health professionals.

It might well be worth waiting until you get the papers before seeking further supporting evidence just so you can see what, if any, further grounds the DM gives for refusing your award.

Good luck with your appeal.

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DLA appeals process 7 years 5 days ago #13234

Many thanks for your reply.

I’d made an appointment to see my GP (last Mon) as soon as I posted the appeal, so decided I’d sound her out about how she’d feel about writing a report in due course, rather than actually asking her to do it straight away.

Disaster. Despite printing out a copy of your health professionals sheet from the Guide, I was completely thrown when her response to ‘I’ve applied for DLA’ was ‘Are you sure this is the right benefit for you?’ I did manage to say that DLA was for long-term health problems as well as disabilities, but I still felt I was getting ‘scrounger’ vibes from her. She wrote in her notes that I ‘feel I am unable to cook’ – that's really going to help me.

I did ask her how much she’d charge for writing but didn’t realise till I got home she’d not actually answered. (She was a bit fixated on getting a form from the DWP and not really taking on board that in current circs they wouldn’t be sending her one.)

I’m intending to write to her, mainly about other stuff, but would like to include brief info about DLA – I’ll probably pick a few relevant bits out of the intro to the DLA form to print off.

Do you have chapter and verse about disability in SS law being a long-term health problem that affects your everyday life? (I know that’s on the health professionals sheet but I think it would be more convincing to her if it was from DWP info.)

Also, is it worth preparing a written submission of my own? I’m getting a bit boggled, and I’ve read ‘you’ can make your own submission but I’ve lost track of whether ‘you’ means the claimant or the WRO.

Thanks again,

Elaine
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Re:DLA appeals process 7 years 5 days ago #13239

elaine wrote:
Many thanks for your reply.

I’d made an appointment to see my GP (last Mon) as soon as I posted the appeal, so decided I’d sound her out about how she’d feel about writing a report in due course, rather than actually asking her to do it straight away.

Disaster. Despite printing out a copy of your health professionals sheet from the Guide, I was completely thrown when her response to ‘I’ve applied for DLA’ was ‘Are you sure this is the right benefit for you?’ I did manage to say that DLA was for long-term health problems as well as disabilities, but I still felt I was getting ‘scrounger’ vibes from her. She wrote in her notes that I ‘feel I am unable to cook’ – that's really going to help me.

I did ask her how much she’d charge for writing but didn’t realise till I got home she’d not actually answered. (She was a bit fixated on getting a form from the DWP and not really taking on board that in current circs they wouldn’t be sending her one.)

I’m intending to write to her, mainly about other stuff, but would like to include brief info about DLA – I’ll probably pick a few relevant bits out of the intro to the DLA form to print off.

Do you have chapter and verse about disability in SS law being a long-term health problem that affects your everyday life? (I know that’s on the health professionals sheet but I think it would be more convincing to her if it was from DWP info.)

Also, is it worth preparing a written submission of my own? I’m getting a bit boggled, and I’ve read ‘you’ can make your own submission but I’ve lost track of whether ‘you’ means the claimant or the WRO.

Thanks again,

Elaine

The social security law for determination of DLA claims is contained in the Social Security Contributions and Benefits Act 1992 sections 71 to 73 which can be viewed HERE.

How the various listed disabilities fit into the context of the Act, are defined in the Disability Handbook which can also be viewed HERE.

As you will see it is very complicated for claimants to comprehend, and for this reason any appeal submission should be drafted by an experienced welfare rights worker familiar with the DLA legislation.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DLA appeals process 6 years 11 months ago #13437

Many thanks for the links. I’ve had a look at them, but neither seems to say explicitly the bit about disability in SS law being a long-term health problem that affects your everyday life.

I’d like to put this to my GP, and I think it would carry more weight if I could cite a DWP source. She clearly thought if I wasn’t disabled in the medical sense of the word then I shouldn’t claim DLA.

Thanks again.
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Re:DLA appeals process 6 years 11 months ago #13438

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Hi Elaine,

Crazydiamond has quoted the correct relevant legislation to you about the criteria for DLA, which is paid to those with care and/or mobility needs, and also the Disability Handbook (DH) which was written by senior medical advisers working for the DWP.

However, the DH is in the process of being replaced by this which is on the DWP website
A-Z of Medical Conditions

I'm afraid there is no other DWP sources that I'm aware of, except regular guides issued to Decision Makers (DM) to keep them updated on case law, procedural matters etc.

However, these are complex guides written for DM's and whilst they are available on the internet, they would make little sense to anyone not familiar with social security law. They are available at Decision Makers Guide

However, the legislation and regulations for an award of DLA were passed by both Houses of Parliament, and DWP Decision Makers have to make decisions on entitlement based on the law and not from the guides, as they are just what they say 'guides',not a definitive statement of law which as CD has clearly explained are contained in sections 71-73 of the Social Security (Contributions and Benefits) Act 1992.

I hope this clarifies things for you.

Kind regards.

Pat
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
Last Edit: 6 years 11 months ago by pata1. Reason: Corrected typo.
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