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TOPIC: rights payment programme DLA

Re:rights payment programme DLA 7 years 6 months ago #20940

  • bingbong
No the DWP have not advised that they will look at the original claim 12 years ago even though they think it was incorrectly assessed. I hope that if they think this is the case they will not ask me to repay any of the benefits.As far as I am concerned the claim was a genuine one with the GP,s support,

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Re:rights payment programme DLA 7 years 6 months ago #20942

bingbong wrote:

No the DWP have not advised that they will look at the original claim 12 years ago even though they think it was incorrectly assessed. I hope that if they think this is the case they will not ask me to repay any of the benefits.As far as I am concerned the claim was a genuine one with the GP,s support,


The DLA Unit's assertion that the original claim was incorrectly assessed, is inaccurate in the absence of any grounds for review.

If the DLA Unit are intending to rely on the assertion that your original claim was incorrectly assessed, the burden of proof rests entirely with the decision maker to demonstrate that on the balance of probabilities, you did not satisfy the conditions for entitlement throughout the period of your award.

On appeal, it would be advisable not to mention this in the first instance until you receive the DLA Unit's submission for terminating your award. It may very well be the case that they only intend to terminate your DLA award from a current date, but they should have made it abundantly clear in their DLA disallowance decision letter. If not, you will be uncertain as to the scope of your appeal?

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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 5 months ago #22385

  • bingbong
sorry to be so long in replying but I have been ill for some weeks.I have today received the letter that after looking at my claim again they do not intend to give me any DLA award. I will now appeal.Within the last 2 weeks I had a fall in the garden owing to LBP caused by medication for HBP and have damaged my left arm and elbow. Owing to the swelling the hospital consultant is not sure if ther is a fracture to the elbow. The pain is severe and is adding to the already problems with my left wrist thumb and fingers.
Please advise me how to proceed .Do I mention this in my appeal process or do I submit another claim for DLA. Your guidance is much appreciated.

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Re:rights payment programme DLA 7 years 5 months ago #22389

Hi bingbong

I'm really sorry to hear about your recent fall especially on top of being disallowed DLA. Unfortunately on a public forum like this we can only give general information rather than detailed advice about any particular claim for benefit. As mentiond it's vital for any appeal to be made within the timescale the DWP give you, normally 1 month from the date of an adverse decision. So you should be careful to get any appeal in within the time period given. Regarding appealing against DLA being disallowed and submitting a fresh DLA claim on account of your accident and/or mentioning this accident in your appeal itself I would strongly recommend you to seek advice from a qualified welfare rights adviser who will be able to discuss your claim and appeal with you in detail. For help in finding a welfare rights adviser please click here.

Hope the above helps and good luck.

Kind regards

Mr B :)

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Last Edit: by Mr B. Reason: typo
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