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TOPIC: rights payment programme DLA

rights payment programme DLA 7 years 6 months ago #20521

  • bingbong
I have received a decision that my HRMobility and LC component has been withdrawn after 12 years and the decision was made as they advise that my condition was incorrectly assessed 12 years ago.
I feel that the visiting doctor did not fully understand my problems and because my carer was unable to be at the medical I did not give the doctor the total information relating to my problems.
I am unsure what to do next ask them to look at the decision again ? or go for an appeal? talk to my GP to see if he can help?
Has anyone else had these problems and what did they do about them.Any help will be much appreciated as I feel that I am going round the bend!

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Re:rights payment programme DLA 7 years 6 months ago #20579

Hi bingbong,

What an awful blow for you. If you consult our guides to appealing DLA you will see that we reccomend you go straight to appeal rather than asking for the decsion to be looked at again.

The most important thing is to get your challenge in within the time limit.

Good lcuk,

Steve

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

Re:rights payment programme DLA 7 years 6 months ago #20926

  • bingbong
Further to my message I have received from DLA Blackpool a letter stating ABOUT YOUR REQUEST TO LOOK AGAIN AT YOUR CLAIM ,and that bit would take 11 weeks to reach a decision.
I am confused :
Does this mean that after 11 weeks if they still do not want to give me a DLA benefit I then have the right to take the problem to appeals within 1 month of receiving the decision?
Also I wonder how relavent is the fact that I am 65 in October and therefore not eligible for DLA.Please advise me on this issue.
Can I aply again for DLA before I reach 65
if my circumstances have changed?
Please help me .I am so confused!

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Re:rights payment programme DLA 7 years 6 months ago #20928

Hi B,

My advice would be to withdraw your request to have your claim looked at again, and lodge an appeal, since before the DWP send your appeal to the Tribunals Service, it is automatically looked at again by a more senior DWP Decision Maker.

Whilst you're waiting for an appeal hearing, there's nothing to stop you putting in a fresh DLA claim now, as both a new claim and and an appeal can run in tandem.

You can download an appeal form here Appeal against a benefit decision (leaflet GL24)


Hope this helps.

Jim

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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
Last Edit: by Jim Allison. Reason: Addded link.

Re:rights payment programme DLA 7 years 6 months ago #20929

bingbong wrote:

Further to my message I have received from DLA Blackpool a letter stating ABOUT YOUR REQUEST TO LOOK AGAIN AT YOUR CLAIM ,and that bit would take 11 weeks to reach a decision.
I am confused :
Does this mean that after 11 weeks if they still do not want to give me a DLA benefit I then have the right to take the problem to appeals within 1 month of receiving the decision?
Also I wonder how relavent is the fact that I am 65 in October and therefore not eligible for DLA.Please advise me on this issue.
Can I aply again for DLA before I reach 65
if my circumstances have changed?
Please help me .I am so confused!


You should appeal immediately using form GL24.

You can apply for DLA again before your 65th birthday if your circumstances change, such as a deterioration in your illness/disability.

Have the DLA Unit informed you that they intend to review your original DLA decision on the grounds of a mistake as to/ignorance of material facts, in view of the assertion that your medical condition was incorrectly assessed, twelve years previously?

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

Re: rights payment programme DLA 7 years 6 months ago #20931

Hi,
I'm sorry to hear about your problems but after reading the replies you have - I would urge you to follow Jim's advice but that is only my personal opinion and not a criticism of any other advice given.
Best wishes

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