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DLA Reconsideration

  • xrm1
  • Topic Author
13 years 4 months ago #63213 by xrm1
DLA Reconsideration was created by xrm1
Earlier this year my wife had to reclaim her DLA - she had been on high rate care and mobility for four years. When the decision came back it was for middle rate care and no mobility even though her condition was unchanged.

Following advice on this site and information from the Decision Maker's Guide, I wrote a statement for her to accompany the request for a reconsideration. I also sent a short letter from her GP in which he said he would fully support any appeal.

Without even going to Tribunal she is now back on high rate care and mobility. A good result I think.

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13 years 4 months ago #63214 by cdcdi1911
Replied by cdcdi1911 on topic Re: DLA Reconsideration
Yes, it certainly is!

Well done xrm1 and thanks for letting us know.

Derek

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  • mon24
13 years 3 months ago #64273 by mon24
Replied by mon24 on topic Re: DLA Reconsideration
Hi
I have just had a decision re DLA and wish to query the decision to keep me on lowerrate personal care despite significant deterioration and assistance from CAB in filling out the form. I wish to query the decision but the CAB advisors are both on holiday so I decided to join this site. Any advice on how to do this and where to find the decision makers guide would be much appreciated. Does a query automatically mean having to go to tribunal as the stress of having to do that would significantly exacerbate my conditions -
I have Ankylosing Spondylitis fibromyalgia osteoarthritis and degenerative disc disease with sciatic nerve impingement.
Any advice would be greatly appreciated. If I query the decision I'm writing ( I still have 2 weeks to get a letter in) does this mean they will send me for a medical? Or reduce what they have already given me? I have been on lowest care for 8 years.
Many thanks in advance for any advice on this .

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13 years 3 months ago #64282 by Gordon
Replied by Gordon on topic Re:DLA Reconsideration
Mon24

Welcome to the forums.

You have two options with regard to the Decision to leave your DLA rates as they were.

You can ask for a Reconsideration, this is carried out by a new DWP Decision Maker using your exiting evidence and any new evidence or clarifications that you send in.

Reconsiderations have a low rate of turnover, but it does happen with the right eveidence. In order for the process to be effective, you need to understand why the DM came to their Decision in the first place, you can request this information and any medical reports from the DLA unit in Blackpool.

Alternatively you can request an appeal by submitting a GL24 Appeal form within 4 weeks of the date on the Decision letter.

A Reconsideration is automatically carried out as part of the appeal process, so you still have a chance to get the Decision revised in the short term, but if you have difficulty collecting additional information, then there will be more time with an appeal.

You should definitely get advice from your CAB in either case as they will have a better understanding of your claim than we, on the forum can.

It is possible that pursuing your case may result in a medical, it really depends on where the discrepancies on your view of your claim and the DWPs are.

Given that they have re-confirmed your existing award, it is very unlikely that this will change if challenged, but I cannot definitely say it cannot happen.

The DLA section of the Decision Makers guide is on the following link.

www.dwp.gov.uk/docs/dmgch61.pdf

If you have more questions, please come back to the forum.

Gordon

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

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  • mon24
13 years 3 months ago #64395 by mon24
Replied by mon24 on topic Re:DLA Reconsideration
Hi there
Many thanks for the reply. I will request this information about how they came to their decision. I was advised in the info that I was sent the decision was based on my form, and also information from my GP.
My consultant has not yet had time to respond to their request for information and plans to do so by the end of next week.
Having read some of the advice on this site and having looked at how I filled the form in, there are additional things I could have said on the form that may have resulted in a different decision. Similarly, there is evidence that the decision maker has ignored some of my statements in relation to care at night so I feel I should write a letter and point this out.
As my husband is responsible for most of my care needs I wonder whether it should be him who writes the letter or myself.
I am unable to get any advice from CAB as their welfare advisers are on holiday, whilst one will be back next week, there is no guarantee I will actually be able to get an appointment next week and as my letter was dated July 29 time is running out.
Many thanks for the reply
Mon24

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13 years 3 months ago #64407 by Bill
Replied by Bill on topic Re:DLA Reconsideration
Hi mon24,

I was recently in the same boat as you and I have similar health problems to you too.

I was refused DLA and my night time needs were more or less ignored too, like yours.

I followed the advice from this site and asked for copies of the reports they based their refusal on.

When I appealed they reconsidered my application and immediately sent me for an ATOS medical, even though they already had letters from hospital specialists and consultants.

The ATOS EMP was very fair and honest and agreed with my specialist reports so the original refusal was turned over at reconsideration stage.

Go for it, expect a medical, but do not be afraid of it. I can confirm that not all ATOS EMPs are bad.

Good luck. ;)

Bill

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