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1 year 1 month ago #283162 by Bubbles67
DLA was created by Bubbles67
Good morning,

Please could someone advised me with these dilemmas.

My 14 years old son lost his child DLA award on 25th May 2023 at the first tier tribunal. My son went from Middle rate care component and low mobility component to only LMC which was awarded at tribunal as the original DWP award was completely removed.

I asked for a statement of reasons from the tribunal which did not arrive until July 2023, due to the judge not sending the correct details to DWP as she forgot to outline the end date of the award, this caused the payment, award schedule and requested information to be delayed.

I was going to ask if the discussion from the tribunal could be “set a side” or apply to the “upper tribunal” due to circumstances that I have previously sent to benefits and works outlining why I feel it had broken certain protocols.
The timeline for applying for the set a side or upper tribunal submission date as passed, but it does advised you have up to 13 months to apply with reason why you are submitting the irrelevant documents late.

Firstly, please can you advised what type of circumstances would be taken into account for a late application?
Secondly, I asked the DWP DLA child department if they could send me a change of circumstances form to apply for my son, as I feel the rate is incorrect and I would like to apply again for a higher rate for my son.

Would you advise me to start a new form completely? or should I complete the change of circumstances form called a DLA484 form?
I am very sad for my son as I feel it went from MCR and LHR to LCR. I am very confused with this system as I recently helped complete a parent from my school with the child DLA form, exactly the same as my son due to them having the exact same medical condition as my son. The parent when through the same ordeal as myself from not being eligible for an any of the awards, then being turned down for the mandatory reconsideration and then having to attend the first tier tribunal. The parent advised me that her panel were kind, gentle and patience. They asked her to leave the room while they make a decision and then they called her back and awarded he the highest components for mobility and care until her child 17 th birthday. I am in shock that I went to the same location for my tribunal representing my son 14 years old at the first tier tribunal. my experience was awful, the panel were questioning every detail regarding the DWP reason for not continuing my son’s original award, the judge was snapping at me because the clerk had not loaded the evidence correctly and she was frustrated and it was just a complete mess. I felt this definitely had an impact on the outcome of my son award. I am so depressed and I feel like I cannot go on any longer. I have been trying to get in contact with many organisations to help, but no one as got in contact and I feel lost, I just need help.

Please can some from the benefit and works help me.
Thank you

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1 year 1 month ago #283168 by Gordon
Replied by Gordon on topic DLA
B

You may still be able to challenge the appeal Decision but as you are now Late it will depend on your reasons for the request being late and also the strength of your case.

You mention "certain protocols" being broken, what do you mean by this?

I re-read your original posts about this situation. We spent a lot of time talking about missing documents but this does not appear to have been the case, the Judge had trouble accessing the information as it had been misfiled but it was still available to the panel.

You can't report a Change as there is no award, you would need to make a new claim for DLA on behalf of your son.

Be aware, a new claim will mean that any replacement award in regard to the original claim will become a Closed Award. What this means is that any such award will only apply from the date the DWP removed the award to the date of the new claim, After this date the Decision from the new claim will apply, whatever that Decision although there will be a new right of appeal.

Gordon

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1 year 1 month ago #283169 by Bubbles67
Replied by Bubbles67 on topic DLA
Thank you. The judge could not find the additional information., due to it being load onto the system incorrectly. The information was there but the Judge believed at the time it was not submitted until another member of the panel helped her to locate it. The whole system has really got me down!

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1 year 1 month ago #283171 by Chris
Replied by Chris on topic DLA
Hi Bubbles,

Loving the username :D - Bless, I know how you feel, and I think there's thousands more, if not millions who would agree with you.

Regards, Chris.

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1 year 1 month ago #283178 by Gordon
Replied by Gordon on topic DLA
B

Can you show, solely from the Statement of Reasons and the Record of Proceedings if you also requested it, that the information in the misfiled documents was not considered?

Is there any reference in the RoP that the Judge had problems accessing and whether they did / did not succeed?

Are there any other issues from the SoR that could be considered an Error of Law?

Gordon

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1 year 1 month ago #283245 by Bubbles67
Replied by Bubbles67 on topic DLA
Hello,

Thank you so much for the kind and wonderful support I felt so low!
Please can you advise me how I can download a photograph of the document (statement of reasons and record of proceedings), once again thank you for acknowledging me when I needed assistance.

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