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TOPIC: reconsideration's /appeal

reconsideration's /appeal 6 years 11 months ago #13934

  • daisydare
hi since i last came here asking for advice i was advised by my benefits adviser to ask for copies of all information the dla had on me which they supplied and was told to ask for a reconsideration by benefit right adviser ,which i did :ohmy: and what i got was not a reconsideration but a home visit by a doctor :angry: this was scheduled for a Monday and he did not turn up :angry: .despite several phone call of me and my carer to the office only to be told this particular Dr , does not have a mobile phone :huh:the Dr himself phoned me at 3,0 that day to re arrange appointment for following Friday and i said OK . he came on the Friday but i was so stressed and at one point burst in to tears at which point the Dr asked if i would like to stop , but i just said no as i thought id have to have another Dr come to visit me , so might as well get it over with so the out come was i have lost hrc hrm and am now going to get lrc indefinitely . .can i now appeal this decision and ask for copy of dr report ,and was the dla right to send dr when id only asked for reconsideration ? sorry for waffling on but im so upset .dd thank you for any help and advice you can give me x
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Re:reconsideration's /appeal 6 years 11 months ago #13936

A reconsideration is the step before an appeal in a general sense, though I am a little confused if you had HRM and HRC why you'd ask for a reconsideration unless it was placed on a very short term (6 months or so).

Anyhow, if the reconsideration like in your case proved unfavourable you are allowed to take it to tribunal, BE WARNED that in doing so you're also gambling your Lower Rate Care, though judging by the sounds of it you'll likely not have to worry about that a great deal.

Your next step would be to read the guides on this site relating to DLA appeals, and contact the Citizens Advice Beaureau, as well as contact the DWP and let them know you wish to appeal, and that you wish to see the latest medical report, at the worst they'll say no to the latter and you'll get to see it when they provide the submission to the tribunal (for them to fail to provide the most recent report would be terrifyingly stupid, even for them).

All the best,
Nova
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Re:reconsideration's /appeal 6 years 11 months ago #13956

  • lavenderlady
Dear Daisydare,

I'm sorry to hear of your distress at the changed decison re your DLA.

Am I right in thinking this was a 'renewal' claim because you speak of already being on HRC and HRM. Understandably you will be shocked and puzzled at the decision to lower your DLA to LRC indefinatley.

The DWP do have the right when reconsidering a decision to send a GP to your home to examine you.

I have had 5 home medicals during my 9 year DLA claimency and the DWP have always sent a doctor to my home to examine me. The advantage of this for me is that I have able to confirm through the DWP medical that I do have care and mobility needs.

However this year despite being in receipt of DLA for 9 years including HRC and HRM for 4 years the DWP chose to disallow me, so when my present award runs out in February I will have no DLA. This decision was taken without the usual home medical, so in my case not having a home medical to support my claim disadvantaged me.

But back to you Daisy. As Firebird has pointed out if you appeal there is always the risk that your LCR could be taken away, but like him I think this is most unlikely as you have been awarded LRC indefinatley. The fact that they have made an indefinite award means they are taking the view that your care needs are very unlikely to change.

However, although they have made this indefinite award the DWP might decide in a few years time to send you a form and even an examining doctor to confirm that your care needs are still the same. They do have the right to do so, and in the current economic/political I think they will continue to do so.

This 'spot check' review, whilst it could work against you, could also work for you as a visiting DWP could notice a deterioation that you yourself are not aware of, and so your DLA could go up.

For the present, you have 1 month from the date of the letter to appeal.They should have sent you the appeal form GL 24, I think it is. Complete it and take a photocopy of it. This is important, so if does get lost in the post or at the DWP you have a copy of it. Also, I would recommend you send it either 'Recorded Delivery' or Special Delivery. Special Delivery is about £5 and is guaranteed delivery within 24 hours. Also you can check it's arrived on the Post Office website.Do keep in a safe place your proof of posting, again if your letter gets delaid/lost.

I don't mean to be the prophet of doom, but as they have stopped your HRM and HRM it might well affect your Disablity Premium which is paid through Income Support. I tell you this because my Disability Premium of about £55 per week will also be stopped when my DLA stops in February. As I understand it this high premium of £55 pw is only paid to claiments of HR DLA. There is information on this website about this, so check it out.

My only income from Feb will be Incapacity Benefit. I will no longer be classed as disabled and this could affect my council tax, so I'll probably have to pay something.I'm telling you this so that you can prepare yourself for any changes that might occur next year.

As to whether you should appeal, only you can decide.

If you do appeal, you will have plenty of time to do all your research on this website and to get the necessary tips and advice along the way,to see a Welfare Rights Officer and to get yourself prepared in every way for the Tribunal Hearing.

From what I have read on this website I understand it can take at the very least a few months before the actual Tribunal hearing takes place.

At the moment probably the thought of attending a Tribunal alarms you, but it could after all your preparation, in a few months time you might well feel differently, equipped and prepared to face the 'Dragons Den'. You probably won't do any worse than some of those poor souls on Dragons Den who stumble and forget their words. However, despite their nervous manner some of them still acheive their goals and are given large sums of money.

You don't have to attend a Tribunal Hearing. Nor do you have to decide now whether you want a paper of oral hearing.

Instead of a Oral Hearing you can opt for a Paper Hearing but the success rate is lower in Paper Hearings. An Oral Hearing gives you the opportunity to restate and re-emphesize your care and mobility needs, also if you have a legal representive they can give imput.

You don't have to decide now whether you want a paper or oral hearing,the important thing is to get the Appeal Form sent off within 1 month.

I'm sorry that you've had to receive such disappointing news just before Christmas.

If I were in your shoes I would focus on that 'At least I have LRC Indefinately and who knows I might win my appeal next year and my DLA award will be raised.

Trying to keep upbeat, positive and counting my blessings always help.

If you now have financial debts because of the decision made by the DWP,then try and keep calm and focused and explore all the help, tips and advice for people with debt problems. Thousands and thousands of people are in debt and there is on the internet piles of useful information so please do not panic and despair.

Things might look bleak for you now, but it's amazing how circumstances can change very quickly. I once went on a cruise and we had a terrible terrible storm, we were all swaying about, tables overturning, people vomiting in their cabins, the ugly grey sea rising angrily
it was really quite scary, I was terrified of falling and sustaining a serious injury. However within 24 hours the storm had passed, the sun was out and the great british passengers were all sitting in deckchairs trying to get a suntan. It made me realise just how quickly things can and do change.

So do keep cheerful and I promise you everything will work itself out, it always does. David Attenborough says we are the most adaptable animals on the planet and that we always find ways and mean of coping.

Best Wishes:)
Lavenderlady
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Re:reconsideration's /appeal 6 years 11 months ago #13958

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Blacknova wrote:
A reconsideration is the step before an appeal in a general sense, though I am a little confused if you had HRM and HRC why you'd ask for a reconsideration unless it was placed on a very short term (6 months or so).

Anyhow, if the reconsideration like in your case proved unfavourable you are allowed to take it to tribunal, BE WARNED that in doing so you're also gambling your Lower Rate Care, though judging by the sounds of it you'll likely not have to worry about that a great deal.

Your next step would be to read the guides on this site relating to DLA appeals, and contact the Citizens Advice Beaureau, as well as contact the DWP and let them know you wish to appeal, and that you wish to see the latest medical report, at the worst they'll say no to the latter and you'll get to see it when they provide the submission to the tribunal (for them to fail to provide the most recent report would be terrifyingly stupid, even for them).

All the best,
Nova

Hi Nova,

'Reconsideration' is a word dreamed up by the DWP. It doesn't appear in any legislation or regulations. It's actually asking for a review.

If a claimant is turned down for a social security benefit, they can either ask for a 'reconsideration', or go directly for an appeal using Form GL 24

However, the advice we give in most cases is to go straight for an appeal, since before the DWP pass an appeal to the Tribunals Service to action, it is always 'reconsidered' by a more senior Decision Maker.

Hope this clarifies things.

Kind regards.

Pat
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