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TOPIC: Supersession

Supersession 7 years 8 hours ago #13551

  • Tanis
I have been advised to seek a Superseesion Order against a DLA decision. As i have never heard of this before i was wondering if anyone can explain it to me, what is involved and what the success rate is please? I am wary of going ahead before knowing what i face.
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Re:Supersession 7 years 5 hours ago #13556

If there has been a change in your circumstances, for example you need more help because your care needs have increased or your mobility has deteriorated, a DLA award can be altered at any time. If a decision is changed because of a change of circumstances it is called a supersession.


IMPORTANT
Like with everything to do with requesting your DLA award be looked at again you do run the risk of receiving a negative result therefore it is advisable to get a qualified Welfare Rights Worker/Officer either at your local CAB or your local council to look at the details of your case and advise you accordingly, unfortunately this is something we on these forums cannot do.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Supersession 7 years 4 hours ago #13561

  • Tanis
Thank you for your response. It seems very unfair that if your circumstances have become worse, you run the risk of having your benefits taken away. Where is the sense or justice in that? It is all very hit and miss when DLA is involved, how can a government service be run this way?
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Re:Supersession 6 years 11 months ago #13579

Tanis wrote:
Thank you for your response. It seems very unfair that if your circumstances have become worse, you run the risk of having your benefits taken away. Where is the sense or justice in that? It is all very hit and miss when DLA is involved, how can a government service be run this way?

I have always referred to DLA as the Russian roulette allowance, because if you apply for a supersession of a subsisting DLA award as a result of a deterioration in health and your care/ mobility needs have increased, then the whole of the previous award is up for grabs. It is also now applicable to ESA claims/appeals although for different reasons.

I found that some DLA appeal tribunals used this anomaly as a weapon against appellants, especially as there were no recordings or verbatim transcripts of hearings. However, several Social Security Commissioners (now Upper Tribunal Judges) decisions have outlawed this practice and now a warning must be given if the existing award is in jeopardy. Accordingly, it allows an appellant to withdraw an appeal if he/she so wishes.

In my opinion, this warning should also be extended to DLA decision makers as a part of the claims process, thereby allowing a claimant to withdraw the claim for an increase in the award, but unfortunately it hasn't happened and I doubt it ever will happen.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 11 months ago by Crazydiamond.
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Re:Supersession 6 years 11 months ago #13584

I was very scared to tell the DLA that my condition had deteriorated and I wouldn't have done so if it hadn't been for the advice on how to fill the forms in, from this forum. I wobbled a few times in my decision, even to the point of nearly binning my new application form. But thank goodness I did go ahead with it because they upped my care rate from Lower to Higher!

There is no way on this earth that I would have been brave enough to fight for my rights without this forum. We are at our most weakest and vulnerable and it seems like we don't have anyone to really fight our corner, so this forum is a huge godsend to us.
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Re:Supersession 6 years 11 months ago #13586

  • Tanis
If i go ahead, my Supersession Order would be based on deterioration due to a further illness and the fact that they ignored this when i had my renewal and also ignored my Doctor's report, even when i appealed. The only thing that changed was i got an 'indefinate' which i am loath to lose. I am waiting for an advice appointment with my local benefits help centre (HARK) which they say will be mid January. But no matter what HARK advise me to do, its going to be a seriously difficult decision for me. Once its done, waiting for the brown envelope is unbelievable stressful. If i go ahead and get a bad result, it will mean appeals and tribunals again i suppose.
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