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TOPIC: Supersession

Re:Supersession 6 years 11 months ago #13587

Hi Tanis,

It's good that you've got an appointment with an advice agency as it's clearly not possible to advise on an individual DLA claim on a forum like this.

However, it is worth bearing in mind that a supersession generally needs to be about something that has changed since the last decision. If a renewal decision itself failed to take account of, for example, a new or deteriorating condition that would need to be challenged via an appeal within the time limits.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Supersession 6 years 11 months ago #13592

  • Tanis
oh, i didnt know that. This is about the decision made by DLA on renewal, which included a new illness and proof thereof (consultant, Dr. etc). The renewal decision raised the benefits but then lowered them after 2 weeks back to the original. I appealed and they said it was Dr.s report. I got another report and they still did not change it. In fact they ignored the Dr.s report. This decision was made in February 2009, so i assume i am out of time. Does that mean a complete new claim?

Also, if your Dr. says in a report that you need help with getting dressed, bathing , getting in and out of bed, chairs etc., remembering meds, etc etc. How can DLA put on paper that you do not need this help? Maybe they can send someone to live with me for a week? Or maybe my Dr. can sue them!!! Its ridiculous.
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Re:Supersession 6 years 11 months ago #13594

Tanis wrote:
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.
Oh you're not wrong there about the brown envelope, it is incredibly stressful, it makes you feel quite ill waiting for it and not knowing the outcome.
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Re:Supersession 6 years 11 months ago #13601

  • Tanis
So true Judy. Very glad you got your increase. Did it have a time limit?
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Re:Supersession 6 years 11 months ago #13602

Hi Tanis,

It's not possible to make a new claim whilst a current claim is in payment.

The best thing to do really would be to try to get an appointment with an advice agency and go through your entire DLA claim history with them to try to work out what the best way forward might be.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Re:Supersession 6 years 11 months ago #13604

  • Tanis
Thanks Steve
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