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TOPIC: MUDDLED NEED HELP

MUDDLED NEED HELP 7 years 2 weeks ago #13068

Hi all,

I am so sorry to be pestering again but I seem to have gone into a downward spiral and cannot figure what to do about my DLA.

I know I need to appeal ( I think ) but should I just send G24 and then follow up with another letter from my doctor and anything else I can think of or is it best to get it all together and send in one envelope as it seems that they are saying to me the my/their doctor. I know my doctor was in support so I can only imagine their doctor disagreed by reading my application and doctor’s report.

Just so I make it as clear as pos, I was awarded HRM and HRC then 5 weeks later a letter came saying my claim was looked at again and I was NOT awarded anything in either component. So I asked them to tell me why. Eventually they rang me and said they had some new evidence from the doctors, I never saw any doctor but my own, and my consultant so I presume theirs just made his report using my submissions.

I said I must appeal so they sent me a G24. I know it must get back to them within 4 weeks but want to be sure they have my doctors report with the G24 if possible so they cannot say they looked at "new" evidence this time. Is it better to say you will go to tribunal? Does that sound like a threat? I am willing to use a solicitor if need be because my WBO said what they did without giving me written reason was unlawful. Do I ask for written reasons? I must say the lady who phoned me seemed very reticent to give me a reason, I had to ask very specifically if she was saying the evidence was from my doctor and eventually after a long pause she said "yes your doctor and ours "

If anyone has advice I would be very pleased to read any and all.

Thanks again.
Elljay
Last Edit: 7 years 2 weeks ago by Crazydiamond. Reason: Paragraphs inserted.
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Re:MUDDLED NEED HELP 7 years 2 weeks ago #13071

  • boris1
Personally I would write and DEMAND a detailed written explanation of why they changed their minds. You are entitled to that and you will need to know in the event of fighting your case at a tribunal.
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Re:MUDDLED NEED HELP 7 years 2 weeks ago #13075

elljay wrote:
Hi all,

I am so sorry to be pestering again but I seem to have gone into a downward spiral and cannot figure what to do about my DLA.

I know I need to appeal ( I think ) but should I just send G24 and then follow up with another letter from my doctor and anything else I can think of or is it best to get it all together and send in one envelope as it seems that they are saying to me the my/their doctor. I know my doctor was in support so I can only imagine their doctor disagreed by reading my application and doctor’s report.

Just so I make it as clear as pos, I was awarded HRM and HRC then 5 weeks later a letter came saying my claim was looked at again and I was NOT awarded anything in either component. So I asked them to tell me why. Eventually they rang me and said they had some new evidence from the doctors, I never saw any doctor but my own, and my consultant so I presume theirs just made his report using my submissions.

I said I must appeal so they sent me a G24. I know it must get back to them within 4 weeks but want to be sure they have my doctors report with the G24 if possible so they cannot say they looked at "new" evidence this time. Is it better to say you will go to tribunal? Does that sound like a threat? I am willing to use a solicitor if need be because my WBO said what they did without giving me written reason was unlawful.
Do I ask for written reasons? I must say the lady who phoned me seemed very reticent to give me a reason, I had to ask very specifically if she was saying the evidence was from my doctor and eventually after a long pause she said "yes your doctor and ours "

If anyone has advice I would be very pleased to read any and all.

Thanks again.
Elljay

In the first instance, send in the GL24 appeal form giving a very brief reason why you wish to appeal. Include a reference to the fact that you were originally awarded the higher rates of both components which were subsequently reduced to a full disallowance of you claim, and you disagree with that decision. You can send any further (medical) evidence with the GL24. Indeed, it may be beneficial to do so because it may lead to another reconsideration. If not, your case will automatically be sent to the Tribunals Service. As you are aware you must ensure that you do this within one month of the date of the decision disallowing your claim.

As your DLA claim was disallowed on revision, you were entitled to a letter giving the full reasons and grounds for the decision. A brief letter revising an advantageous award to the detriment of the claimant is not satisfactory. The DLA Unit may be reluctant to give you any reasons for revising their decision now, but in an appeal submission of which you will receive a copy when the case papers are passed to the Tribunals Service, they will certainly be required to give full reasons for their revised adverse decision. I would suggest at this juncture you seek further advice from your WBO, as you can make further more comprehensive representations in response to the DLA appeal submission. He/She will be able to help you with any response you wish to make.

On the question of using a solicitor, unless you can find one with an experienced welfare rights officer, of which there are very few nowadays, I would be inclined to continue to use the assistance of the WBO, who invariably will have more experience of appeals, unless you are told otherwise.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:MUDDLED NEED HELP 7 years 2 weeks ago #13077

Thank you so much, I know this info is all there somewhere but I am worse than fibro fogged so really appreciate your advice and will send in the G24
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Re:MUDDLED NEED HELP 7 years 1 week ago #13426

Many thanks to all for replies.
I have sent my G24 form off, photocopied and next day special delivery as it needed to be in by tomorrow so I am not taking chances on the post being on time.
I spoke to my area WBO and he has taken on my case as my rep but also told me it may well be that he is retired ( April ) before my appeal is heard, or do I mean tribunal...sorry not sure.
He said that the appeal offices are moving so they are not doing work on the cases at the moment and when they start up again they will have a backlog.
I have decided to try to put it all out of my mind for a while now because of the stress I have had has already made my illness worse.
They gave me HRM and HRC in Sept and revised it in Oct to NIL, NO AWARD AT ALL.
Funny thing is they have not as yet asked for the money they had paid me to be given back....that at least makes me hopefull.
I will carry on keeping a diary though so that I at least have something to refer to if they want me at a tribunal.
Elljay
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Re:MUDDLED NEED HELP 7 years 1 week ago #13444

  • lavenderlady
Hi

I'm sorry your HRC and HRM was awarded and withdrawn so suddenly. It's like winning the lottery and then being told your ticket isn't valid after all.:ohmy:

I've been in receipt of HRC and HRM for 4 years and on renewal,this November it was disallowed wef 18 February 2010. I've appealed. They usually send a GP to examine me at home. This time they didn't which was a surprise. Here's to believing we'll both be successful and have out DLA re-
instated.:) :)
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