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dla appeal or
- bro58
13 years 3 months ago - 13 years 2 months ago #66218 by bro58
Replied by bro58 on topic Re:dla appeal or
bal42 wrote:
Yes bal, just as when a claimants asks for a review of a current award, for say a higher award, you can seperate the components.
If you are happy with the LRC award, make it very clear, that you are only appealing the Mobility Component decision.
Don't forget though that any contradictory evidence to your award of LRC could effect that award also, and The Tribunal can take a fresh look at your award of LRC Component if they wish.
If you have any doubts whatsoever, gain face to face advice.
bro58
bro58
can i appeal for mobility only or does appeal apply to both components
Yes bal, just as when a claimants asks for a review of a current award, for say a higher award, you can seperate the components.
If you are happy with the LRC award, make it very clear, that you are only appealing the Mobility Component decision.
Don't forget though that any contradictory evidence to your award of LRC could effect that award also, and The Tribunal can take a fresh look at your award of LRC Component if they wish.
If you have any doubts whatsoever, gain face to face advice.
bro58
Last edit: 13 years 2 months ago by bro58. Reason: Extra Info re : LRC component.
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- bal42
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13 years 2 months ago #66651 by bal42
Replied by bal42 on topic Re:dla appeal or
am i at any disadvantage if instead of apealing i ask for review . and how long time gap is allowed before another review can be requested.
any advice please
any advice please
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- bro58
13 years 2 months ago #66652 by bro58
Replied by bro58 on topic Re:dla appeal or
bal42 wrote:
Bal,
If you appeal, a reconsideration is carried out automatically, this can take up to 12 weeks.
If at that stage the adverse decision is not changed in your favour, the appeal will be sent forward to the appeals tribunal, which could take many months more.
So if you simply request a reconsideration, and the decision is not changed, you would then have to submit an appeal.
So by appealing straight away, you save having to carry out the two seperate actions.
If you appeal, and the decision is not changed at reconsideration, you can cease the appeals process at any stage, if you no longer wanted to pursue it.
cheers
bro58
am i at any disadvantage if instead of apealing i ask for review . and how long time gap is allowed before another review can be requested.
any advice please
Bal,
If you appeal, a reconsideration is carried out automatically, this can take up to 12 weeks.
If at that stage the adverse decision is not changed in your favour, the appeal will be sent forward to the appeals tribunal, which could take many months more.
So if you simply request a reconsideration, and the decision is not changed, you would then have to submit an appeal.
So by appealing straight away, you save having to carry out the two seperate actions.
If you appeal, and the decision is not changed at reconsideration, you can cease the appeals process at any stage, if you no longer wanted to pursue it.
cheers
bro58
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- bal42
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13 years 2 months ago #66692 by bal42
Replied by bal42 on topic Re:dla appeal or
bors58
i did not mean reconsideration
i meant review i mean requesting and completing new review claim form
i did not mean reconsideration
i meant review i mean requesting and completing new review claim form
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- Gordon
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13 years 2 months ago #66695 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:dla appeal or
bal42 wrote:
To request a "review" you would need to show that there has been a change in circumstances from the Decision to award you LRC. The issue here is that unless there has been a deterioration in your condition since that Decision was made, you will be unable to show this.
If you appeal, you are obviously challenging the Decision that you only qualified for LRC. You can re-use the evidence you previously submitted, as you asking an independant, third party to re-evaluate and interpret that evidence.
I hope this explains it.
Gordon
If your question is with regard to your original question in post 1?bors58
i did not mean reconsideration
i meant review i mean requesting and completing new review claim form
To request a "review" you would need to show that there has been a change in circumstances from the Decision to award you LRC. The issue here is that unless there has been a deterioration in your condition since that Decision was made, you will be unable to show this.
If you appeal, you are obviously challenging the Decision that you only qualified for LRC. You can re-use the evidence you previously submitted, as you asking an independant, third party to re-evaluate and interpret that evidence.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 2 months ago #66933 by bal42
Replied by bal42 on topic Re:dla appeal or
thank you gordon
the question on dla claim form is--
How far can you normaly walk(including any short stops) before you feel severe discomfort ??
my answer wtitten on the form is - can slowly walk for about 100 meters by stopping and starting
in decision letter DM says :- --can walk upto 100 meters, slowly, in reasonable manner. walking is limited but not virtualy unable to walk.
so no mobility award
i am lost for words, what can i write to make them understand that i can walk about 100 meters,
but only by stopping when i am in pain and then restarting to walk again, and stop and start to walk again.
do i need to give them distance in meters when i make first stop due to pain.
but the question on the form mentions distance (including any short stops)
How far can you normaly walk(including any short stops) before you feel severe discomfort ??
any advice help please
the question on dla claim form is--
How far can you normaly walk(including any short stops) before you feel severe discomfort ??
my answer wtitten on the form is - can slowly walk for about 100 meters by stopping and starting
in decision letter DM says :- --can walk upto 100 meters, slowly, in reasonable manner. walking is limited but not virtualy unable to walk.
so no mobility award
i am lost for words, what can i write to make them understand that i can walk about 100 meters,
but only by stopping when i am in pain and then restarting to walk again, and stop and start to walk again.
do i need to give them distance in meters when i make first stop due to pain.
but the question on the form mentions distance (including any short stops)
How far can you normaly walk(including any short stops) before you feel severe discomfort ??
any advice help please
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