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TOPIC: DLA Decision

DLA Decision 6 years 11 months ago #14057

  • Margaret
Hello

I have just read the DLA decision letter sent to my mum and I could cry with anger.

The decision maker says she is not entitled to either rate of mobility and the lowest rate of care component for an indefinite period.

The letter says she does not need help with various things which she does need help for and she told the medical doctor all of this. I am my mum's carer, I do almost everything for her but they say she does not need this help.

I'm finding it difficult to think clearly at the moment. If they have made this decision is it unlikely it will be changed, could she even lose the lowest rate? I found it very difficult helping my mum with the DLA form even with the guide. I have so many questions I don't know where to start.
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Re:DLA Decision 6 years 11 months ago #14072

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
Hello Margaret,

Sorry to hear of your Mum's adverse decision.

My advice is to appeal. This can be done by downloading Form GL24

Normally, you only have one month from the date of the decision to lodge an appeal, but with the holidays you should be given extra time to return it. On the GL24, it's not necessary to go into detailed reasons for your appeal, it's sufficient just to put a simple short statement stating that you don't feel the DWP Decision Maker has taken all your mothers needs into consideration, further evidence to follow.

What's important at present, is to get the GL24 off as quickly as possible and when the holiday period is over, you need to contact your local CAB for help with lodging an appeal. If they cannot help, then try Community Legal Advice as it's impossible for us to give individual advice, as we don't have access to your Mum's case papers.

Hope this is of some help.

If you need further advice, feel free to post again, but best to leave it until the Christmas/New Year period is over, since many CAB's and other agencies are closed over this period.

Best wishes.

Jim
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: 6 years 11 months ago by Jim Allison.
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Re:DLA Decision 6 years 11 months ago #14078

  • Margaret
Thank you Jim, I will download that form now.

Kind regards
Margaret
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Re:DLA Decision 6 years 11 months ago #14079

  • Margaret
Hello

I have just downloaded the form. I am not sure what to write for the question - Have you arranged for someone to represent you at your appeal. My mum doesn't want to sit in front of anyone she only wants to do it in writing, should I mention this on the form or just tick no and leave it at that?
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Re:DLA Decision 6 years 11 months ago #14080

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
Hello Margaret,

Do you mean that your Mum wishes to have what's called a 'paper hearing', which means the tribunal can only make a decision based on the case papers ?

If so, then her chances of a successful appeal are about only 30% compared with an 'oral hearing' where the claimant chooses to attend, which is currently around 60%.

If you tick the 'no' box, but after receiving advice from the CAB she can always change her mind when the Tribunals Service sends out an enquiry form which asks if the claimant wants to attend and if they have a representative.

I sat as the Disability Member on DLA Tribunals for 10 years, and they are very informal.

You can found out more information about the appeals process on the Tribunals Service website in the section Social Security Tribunals

Best wishes.

Jim
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
The administrator has disabled public write access.

Re:DLA Decision 6 years 11 months ago #14082

  • Margaret
Hello Jim

Yes, a paper hearing is what my mum would prefer. If my mum went to the CAB or a similar place, would someone from there go along to speak to the tribunal in place of my mum or is that not allowed?
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