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8 years 3 months ago #148229 by Tigerlily11
AA was created by Tigerlily11
Hi

My father in law applied for AA and has been turned down. The reason on the letter says that they used a medical report they asked for and other information sent to them. When his claim pack was sent he included a good letter of support from his G.P and a letter from his family but nothing from his consultant as he only sees his consultant once a year. We are not sure how to go about challenging this when we don't know all the facts on why he was turned down. Any advice as to how we would go about this would be greatly appreciated.

Thank you
Jessica

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  • foss27
8 years 3 months ago #148249 by foss27
Replied by foss27 on topic AA
Hi

You need to ring and ask for the paperwork pending an appeal.
Even if they agree back the letter up with a written request.
You can also submit an appeal request and when you get the paperwork see what it says and compile a statement refuting anything you disagree with and use your evicence to support your challenge.

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8 years 3 months ago #148280 by Tigerlily11
Replied by Tigerlily11 on topic AA
Thank you Foss.

If it was the consultants report that had an adverse decision on the outcome, bearing in mind it has been over a year since my father in law saw him, would it be acceptable to get an up to date letter from him. His illness has got worse since he last saw the consultant and that is why he applied for the AA. Would this be accepted by the DWP or will they just made a decision on the information they had at the time only with a different decision maker?
Another thing Foss, how would we go about wording a letter? Do we ask for a mandatory reconsideration first and mention an appeal in the same letter?
Sorry for all the questions and many thanks for your help.

Jessica

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8 years 3 months ago #148298 by Gordon
Replied by Gordon on topic AA

Jessica wrote: Thank you Foss.

If it was the consultants report that had an adverse decision on the outcome, bearing in mind it has been over a year since my father in law saw him, would it be acceptable to get an up to date letter from him. His illness has got worse since he last saw the consultant and that is why he applied for the AA. Would this be accepted by the DWP or will they just made a decision on the information they had at the time only with a different decision maker?
Another thing Foss, how would we go about wording a letter? Do we ask for a mandatory reconsideration first and mention an appeal in the same letter?
Sorry for all the questions and many thanks for your help.

Jessica


If you have a look in the DLA section you will find guides that you can use for an AA MR and if necessary appeal.

You should request a copy of the documentation used in the making of the Decision, at the least this will include an assessment report of some kind and if your consultant was asked for a report, a copy of their reply.

A request for a Mandatory Reconsideration, needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your father in-law's claim, you can use the template letters in the PIP section to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

www.benefitsandwork.co.uk/help-for-claimants/pip

Your primary task is to show that he meets the criteria for AA, there are many reasons why he may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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8 years 3 months ago #148322 by Tigerlily11
Replied by Tigerlily11 on topic AA
Thank you Gordon

I'll get on to that.

Jessica

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8 years 3 months ago #149526 by Tigerlily11
Replied by Tigerlily11 on topic AA
Hi Gordon

I received a Factual Report for AA from the DWP that was filled in by the same Dr who wrote my father in law a really good letter of support. He refers to chronic pain and stiffness and how my father in law has restricted movement because of this. He also refers to him needing help getting in and out of bed and with showering.
In the decision letter the DWP say they considered the medical report and the information from the claim form as well as other information sent with the claim form.
I don't think we have anything new to add to a Mandatory Reconsideration and I am at a loss as to why they ignored these facts from the Dr.
How would we go about wording a letter? I have read the AA guides but just not sure how to word a letter of them ignoring bits of the Dr's letter and Factual Report.
Sorry for all the questions Gordon and thank you so much for your help.

Jessica

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