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regranted dla no medical but at lower rate appeal?

  • smerf0
  • Topic Author
12 years 11 months ago #52430 by smerf0
Hi

hubby was regranted dla after previous claim ran out , he has had depression asthma and anxiety for years now and has always passed medicals when sent

This time angina was added to the list which was diagnosed a year ago and he is now on the appropriate medication , he was recieving lower rarte mobility and middle rate care which was about 66 pounds a week

we put the claim pack in expection another medical and recieved a decision back that this time he was awarded lower rate for both but no medical

Is this the dwp just trying it on to hope we dont appeal or should we appeal the decision , hubby just wants to leave it in casethey stop everything but i think they are just trying it on , any advice please?

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  • originaldave
12 years 11 months ago #52437 by originaldave
smerf0 wrote:

Hi

hubby was regranted dla after previous claim ran out , he has had depression asthma and anxiety for years now and has always passed medicals when sent

This time angina was added to the list which was diagnosed a year ago and he is now on the appropriate medication , he was recieving lower rarte mobility and middle rate care which was about 66 pounds a week

we put the claim pack in expection another medical and recieved a decision back that this time he was awarded lower rate for both but no medical

Is this the dwp just trying it on to hope we dont appeal or should we appeal the decision , hubby just wants to leave it in casethey stop everything but i think they are just trying it on , any advice please?


they would not have last claim paperwork so they would base claim on what you put

did you miss something ?

having "appropriate medication " might mean the angina did not seem to them to cause any care problems ? if he has nitro spray did you point out he might need to lie down after use due to light headiness? for example

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  • smerf0
  • Topic Author
12 years 11 months ago #52443 by smerf0
no i think we just put the basics that seemed to cover everything

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12 years 11 months ago #52444 by Gordon
smerf

Have a look at our DLA appeals guide, which will explain the process and what you need to think about.

Losing your benefit is always a possibility when appealing, but it actually happens rarely. That said, we would always advise someone considering an appeal to get suitable face to face advice from someone who can look at all aspects of your case.

Gordon

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

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  • smerf0
  • Topic Author
12 years 11 months ago #52469 by smerf0
thanks guys

gordon i did look for the guides but couldnt find one specific to a case where dla was granted but the rate was in question

what i saw was ones where atos had not given enough points and that sort of appeal , we did have an appeal a few years ago and won it easily so know how the process works but i seem to remember there was a letter you could write for a reassesment before appeal but cant find this anywhere on the site or details of that process

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12 years 11 months ago #52483 by Gordon
smerf

There is a seperate section for DLA appeals, based on what you have told us the first three guides listed might be of help.

Ultimately, if you appeal, you need to challenge the conclusions of the DWP medical report, so if you can only manage one guide, the "The Best Possible Ways To Challenge A DLA Or AA Medical Report" would be the one to pick.

Gordon

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

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