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TOPIC: DLA - delay amounts to maladministration?

DLA - delay amounts to maladministration? 6 years 10 months ago #14518

  • Andrew
Nearly 12 months has elapsed since I made my original application for DLA. To cut a long story short, my original application was rejected. I decided to appeal and ask
for a copy of the full decison.

Subsequently I followed this up by telephone and was told that I was entitled
to receive a copy of my whole file. This has never materialised.

I was hospitalised in May 2009 for surgery
with a 9 - 12 month recovery period. Consequently, I did not pursue the DWP as the ball was firmly in their court.

I consider the fact that they have never sent me my full file to be negligence amounting to 'maladminstration' in the legal sense.

Are there instances where DLA for the period in question has been awarded by default on grounds of maladministration by the DWP?

If so could anyone point me to relevant links?

Thanks in advance.

Andrew
The administrator has disabled public write access.

Re:DLA - delay amounts to maladministration? 6 years 10 months ago #14520

Andrew wrote:
Nearly 12 months has elapsed since I made my original application for DLA. To cut a long story short, my original application was rejected. I decided to appeal and ask
for a copy of the full decison.

Subsequently I followed this up by telephone and was told that I was entitled
to receive a copy of my whole file. This has never materialised.

I was hospitalised in May 2009 for surgery
with a 9 - 12 month recovery period. Consequently, I did not pursue the DWP as the ball was firmly in their court.

I consider the fact that they have never sent me my full file to be negligence amounting to 'maladministration' in the legal sense.

Are there instances where DLA for the period in question has been awarded by default on grounds of maladministration by the DWP?

If so could anyone point me to relevant links?

Thanks in advance.

Andrew

No, this can never happen because financial redress for maladministration and social security decision making, are two entirely separate processes.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Re:DLA - delay amounts to maladministration? 6 years 10 months ago #14525

  • Kobiron
Hi Andrew

I agree with CD, with only a telephone call to back up your case you can be assured that this will not have been recorded and if so destroyed by now.

After this long period, I do not envisage any assistance but you may try by contacting them again giving the details with dates.

You then may be able to contact your MP with this information, but once again you have no proof that an appeal was made. It's always advisable to use letters and emails, then you have a paper trail of proof.

It's not uncommon for these situations Andrew, I believe that the DWP will if they can 'TRY IT ON' to avoid the appeals process. This may or not be the case in your situation.

Good Luck

Kobiron
The administrator has disabled public write access.

Re:DLA - delay amounts to maladministration? 6 years 10 months ago #14548

  • Andrew
Thanks for the responses.

Andrew
The administrator has disabled public write access.
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