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DLA supercession - lost my mobility allowance

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13 years 4 months ago #32996 by happyturtle
Last year I was awarded high rate mobility and low rate care. My condition has deteriorated, so I applied for a supercession to have my care award looked at. Following the instructions, I didn't fill out the mobility section.

I just got the decision today and not only have they decided that I can't have additional care, but they took away my mobility allowance. They said they based their decision on my claim form, and the ESA exam I had in December of 2009.

The claim form didn't have anything to do with mobility, since I was told not to fill that part out, and I'm not sure how a decision from 2009 can possibly be relevant when I reported my condition changed in the summer of 2010.

What do I do now???

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13 years 4 months ago #33007 by Crazydiamond
Replied by Crazydiamond on topic Re:DLA supercession - lost my mobility allowance
Unless there was anything in the DLA claim for which suggested that there was some improvement in your mobility from your claim for the care component, the evidence used on the claim form which as you have stated did not refer to mobility, cannot be relied upon.

Were you successful with the ESA work capability assessment in December 2009, and what was the date of the decision ie the date of the letter on your recent DLA claim?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 4 months ago #33011 by happyturtle
Replied by happyturtle on topic Re:DLA supercession - lost my mobility allowance
The ESA assessment put me in the Work Related Activity group.

The DLA decision is dated 28/10/10.

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13 years 4 months ago #33017 by Crazydiamond
Replied by Crazydiamond on topic Re:DLA supercession - lost my mobility allowance
The only option is to appeal the adverse decision.

You have one month to submit an appeal against the decision, from the date shown on the decision letter. It may be worthwhile sending for your ESA medical assessment report as the DWP are relying on the content of the report. This can be done at the same time as making an appeal.

You don't have to go into detail when you first appeal, as you wont be in possession of all the evidence.

Please refer to the guide entitled "Appealing Against A Disability Living Allowance Decision" in the DLA resources HERE.

The official appeal form is available HERE.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 4 months ago #33022 by happyturtle
Replied by happyturtle on topic Re:DLA supercession - lost my mobility allowance
Thank you. I'll start on that on Monday.

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13 years 4 months ago #33027 by happyturtle
Replied by happyturtle on topic Re:DLA supercession - lost my mobility allowance
How do I go about getting a copy of my ESA medical from last year?

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