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DLA ended, found out by by Council Tax letter
- BW59
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My exam was a home one. Man turned up an hour early, meaning my wife who thought she could fulfil a separate requirement had ample time to do so. My daughter was with me, and she was very helpful, but we did explain I wanted my wife ideally to attend and had made time provision to do so. I was very inhibited in my mental health answers in front of my daughter and feel upset my wife who can communicate my circumstances very well was not able to be there because the correct time was not honoured by assessor. My daughter was however very helpful. She explained very well for instance how I could not manage any kitchen tasks and felt that assessor seem to understand my physical compromises.
Obviously our task now is to see the detail when it comes and ask for reconsideration. I previously had been awarded indefinite DLA, should really have appealed many tears ago yo get higher rate but was too daunting - that does sound silly but in context of overall health difficulties everything often seems too much to tasks on. This feels incredibly daunting, but has to be tavkled, no logic at all to DWP decision.
Any kind advice and suggestions hugely appreciated.
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- slugsta
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Welcome to Benefits and Work
Yes, I'm afraid the assessors are notorious for their poor timekeeping in relation to home appointments. They can arrive, early, late - or not at all!
In a way, the fact that you have not yet had the decision letter works in your favour as it buys you more time to work on a Mandatory Reconsideration request. This is the first step of trying to get the decision changed and must be requested within 1 month of the date on the decision letter.
It will be helpful to request a copy of the assessor's report - but don't delay requesting the MR if it has not arrived in time!
I suggest you have a good look at our PIP guide to ascertain where you think you should have scored points and how best to demonstrate this. If you have further supporting paperwork, please send it in. If not, you will need to point the DM to what you have already provided.
PIP help for claimants
Although the PIP guide talks you through the MR process, it does not contain a sample letter. You can find one of those in the ESA MR resources.
ESA mandatory reconsiderations and appeals
You might want to bookmark or favourite this on your web browser now so that you can find it easily in future. That way you can come back and ask any further questions without having to start a new topic each time. It helps us enormously if everything relating to one claim is kept in the same place - and I hope you will find it useful too
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- BW59
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- BW59
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- Gordon
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BW59 wrote: Meant to add that this to my earlier post: bit confused, I know that DLA continues one month after PIP refusal, but I thought it continued further if ask for reconsideration/goes to appeal. Today DWP advice on phone clearly said it is not paid during reconsideration or appeal process in case claimer loses and get overpayment, but payment of DLA stays stopped and DWP backdates if decision overturned. Will be difficult to manage even for the interim if that is the case
Yes this is correct. Your DLA has ended and whatever happens with any challenge to the Decision will not be put back into payment. If your appeal is successful then any award of PIP will be backdated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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