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Disputing EMP on how far I can walk - Help please

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13 years 8 months ago #24471 by Lorraine
Replied by Lorraine on topic Attention Jim Please
Hi Jim

My brother was just about to send his letter off to dispute what walking distance etc when today he recieved a letter from DLA saying that they had changed there decision.

They were going to award him low carers because he cannot cook a meal. (he was getting middle carers and high mobility and had been for around 6 years).

They also state he will not get anyother benefit as he can walk
150 meters
Slowly
In a reasonable Manner
(no mention of pain and falls the fact he takes morphine and other high meds).

And they have cancelled his tribunal on 8th August.

Sounds to me that they know he would get more a tribunal and got in there first. Can this do this? Can you just make this decsion without waiting for his reply to there last letter asking for more evidence.

Also no mention on hold long this award is for. It does state he can appeal, but its taken him eight and half months to get this far with all his benefits taken away and my Mother is having to help him finanical as he obviuosly can not work. So if he appeals we are looking at another 8 or so months and I assume they will stop the grand sum of £18.95 a week for his low carers until this is sorted.

Help what should he do?????

Crazy answered below which I think is great but not taking anything away from them do you Jim think this is the right way to go. Please Crazy do not take offence but want to make sure we do the correct thing as this has been draging on for nearlly 9 months.

As your brother has not achieved everything he wanted from his appeal, the DLA Unit have no right to cancel his forthcoming hearing, as it is clearly disadvantageous to the appellant.

The DLA Unit should be contacted in writing and the letter sent by recorded delivery, indicating that the appeal has not lapsed for the afore-mentioned reason, and it should be reinstated immediately to proceed on 8 August as listed. Send a copy of the letter to the Tribunals Service for their retention.

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13 years 8 months ago #24489 by Lorraine
I did put a post of here to see if Jim agreed (sorry did not want to see ungrateful because I am not at all but as he has dealt with these things in his former life I wanted to check). I now see he is moving home (rather him then me lol)..... Would you be kind enough to answer my foggy headed questions and please dont think I dont appreciate your advice but so anxious about all this as its effected the whole family.

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