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DLA Help 7 years 3 months ago #13670

  • eddcole cole
HI there

Before joining here i submitted a form to the DLA and within 5 days of sending it i got a refusal. So I asked for them to look at it again and after 5 weeks i called them only to be told that it was negative again. Anyway I asked for a detailed letter so I knew why but I havent got it yet and that was 2 months ago. I have asked for it numerous times but still nothing. They have accepted my appeal and now i have to wait another 3 - 5 months for the date.

This is only making things worse as i have depression, chronic pain througout my body and fibromyalgia. Along with asthma.

This is preventing me from working as i am in too much pain. I just dont know what else i can do now.

Im looking forward to the tribunial as i am gonna put a hopefully strong case together.

Anyway enough of my ranting. Any advice would be appreciated. Thank you

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Re:DLA Help 7 years 3 months ago #13676

Hi Edd,

You are entitled to receive a statement of reasons detailing why your claim has been refused.

If you have already requested this and you havnt yet received it you should sent a recorded delivery request to DWP andvising them that you want it immediatly.

It is important that you should receive it because you need to know their reasons in order for you to begin with your appeal and because you need to see exactly what case you have to answer to.

You say you have sent appeal already, what reason were you able to put on this to present your case for appeal. Surely if you had to do this prior to actually knowing their reasoning, you are at a disadvantage from the start.

If I were you, as well as putting it in writing, speak to a supervisor, get their name put the request to her/him by phone and get it noted that the SOR has not yet been sent to you.

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Re:DLA Help 7 years 3 months ago #13678

I appealed in August and have tribunal on 6th January, far quicker that I was anticipating!:)
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Re:DLA Help 7 years 3 months ago #13682

  • eddcole cole
Well if you have a date in jan for an August appeal then i could be looking at March. With the info i have here i will be putting a report together based on the form filled out like this site has shown me. I will then hand that in at the court as additional evidence. Its tempting to start over with a fresh application but i dont want to lose a potential back payment by doing so.
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Re:DLA Help 7 years 3 months ago #13686

  • pata1
  • Retired Nurse & Former Moderator.

To the best of my knowledge, it's possible to make a new claim and have an appeal running in tandem.

If your new claim was successful, DLA would be paid from the date the Decision Maker made their decision. If a new claim failed, and you decided to appeal again, then it is possible for a DLA tribunal to hear more than one appeal at the same hearing, but they naturally would have to be heard as two separate claims.

Hopefully, Crazydiamond could confirm this, as currently two moderators who are benefits advisers have just come out of hospital, and it's highly unlikely that they'll be well enough to moderate until the New Year.

I'm NOT a benefits adviser, my knowledge of DLA was gained from attending all training and appeals as a carer with my husband Jim when he was a DLA tribunal member for 10 years until he retired in December 2005.

Hope this is of help.

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: 7 years 3 months ago by pata1.
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Re:DLA Help 7 years 3 months ago #13687

  • eddcole cole
Hi if that is the case and the new claim was successfull could you still get it backdated to the original application date?
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