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- DLA award high mobility and NO !!! Care - appeal
DLA award high mobility and NO !!! Care - appeal
- nik
- Topic Author
I cannot understand how they have decided that I have not been awarded care component.
I am thinking i should appeal, but i have several questions.
the letter says that i can write or phone within 1 month of date of letter. (I have about 10 days left) and that if since receiving this letter we have sent you a written statement of reasons for our decision you have at least an extra 14 days to make your appeal.
How do you get a written statement of reasons? ..
In the award letter it does say having considered all the information i have decided the following ( and incorrectly lists not needing help to prepare a meal, lists day attention areas not needed. and not needing night attention more than once or for 20 mins or more a night).... is this the statement of reasons?
How do you get to see what was written in the EMP report as i cannot see how the difficulties i stated ( i recorded the medical for my own memory) would result in a NO care award.
when I appealed my ESA , i didnt request a review and went straight to asking for an appeal ( as the review is done automatically)... and I waited for the tribunal pack before preparing a submission
is the same for DLA?
I will probably have some more questions , but right now i need to know how to proceed .
many thanks in advance
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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Your statement of reasons as to why the Decision Maker decided not to award you any care component should have been in the letter sent to you by the DWP.
This could be a clerical error, so my preliminary advice would be to call the the DLA Centre that sent you the letter. If this is a first claim, their number should be on the letter.
If not, or if you wish call the DLA Unit Blackpool on 08457 123456. Lines are open 8.00am to 8.00pm Monday to Friday ( shorter hours at weekends, can't remember off the top of my head.
I can give you further advice on appealing DLA later, but if I were you I'd ring immediately for further information. You'll need your National Insurance No at hand .
Good luck.
Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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nik wrote: Hi there, after a home visit medical I was awarded high mobility and NO care.
I cannot understand how they have decided that I have not been awarded care component.
I am thinking i should appeal, but i have several questions.
the letter says that i can write or phone within 1 month of date of letter. (I have about 10 days left) and that if since receiving this letter we have sent you a written statement of reasons for our decision you have at least an extra 14 days to make your appeal.
How do you get a written statement of reasons? ..
In the award letter it does say having considered all the information i have decided the following ( and incorrectly lists not needing help to prepare a meal, lists day attention areas not needed. and not needing night attention more than once or for 20 mins or more a night).... is this the statement of reasons?
How do you get to see what was written in the EMP report as i cannot see how the difficulties i stated ( i recorded the medical for my own memory) would result in a NO care award.
when I appealed my ESA , i didnt request a review and went straight to asking for an appeal ( as the review is done automatically)... and I waited for the tribunal pack before preparing a submission
is the same for DLA?
I will probably have some more questions , but right now i need to know how to proceed .
many thanks in advance
Hi n,
"when I appealed my ESA , i didnt request a review and went straight to asking for an appeal ( as the review is done automatically)... and I waited for the tribunal pack before preparing a submission, is the same for DLA?"
Yes, an automatic reconsideration will take place.
I would not miss the one month deadline to appeal, as even though late appeals are permissible up to 13 months after an adverse decision, if you can show "Good Cause" they are much stricter with DLA appeals than they are with ESA appeals.
To protect your right of appeal, you could make a brief submission now, using GL24 :
How to submit an appeal
Sending Documents to the DWP or ATOS
There is also a DLA appeals guide on this page :
DLA Guides
See also :
How long do I have to appeal?
&
Is there any risk to challenging a decision?
From our :
Appeals FAQ’s
At the same time, as a separate issue, you can request copy of The EMP Report, and any evidence used in coming to the decision and provide relevant feedback regarding this, once you have it. :
DLA Medical – What forms to ask for?
From our :
DLA FAQ’s
You may also find the following helpful :
DM Guide DLA & AA
&
Disability Rights UK Factsheet - Appeals and reconsiderations
bro58
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- terdun9
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- Posts: 278
Its had knowing what to do next Good Luck
To Much Pain Will Kill Y ou In The End
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