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DLA and appeal

  • ClaraFanelli
  • Topic Author
13 years 1 month ago #50692 by ClaraFanelli
DLA and appeal was created by ClaraFanelli
Is it true that the DWP now turn everyone down for DLA? you have to go to appeal.
This is my fifth renewal and I have been through two appeals successfully. I was completely turned down flat on the last two renewals but won my appeals. 1) Do you think they are going to put me through yet another appeal?
2) is it true that if at appeal you get downgraded the appeal panel have to explain why and if they do not, what do you do? is it true that you have got to get through yet another appeal panel if you disagree? it is not a commissioner any longer who will look at your case?
Many thanks

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13 years 1 month ago #50698 by Derek4
Replied by Derek4 on topic Re:DLA and appeal
Hi Clara

It's easy to get the impression that everybody is turned down DLA before appeal, but many people thankfully do receive DLA on application.

Tribunals do have to give adequate reasons for their decision if you apply for them, and if you disagree with their adequacy you can appeal to the Upper Tribunal (formally SS Commissioners).

Although the thought of a further appeal may seem daunting, I would like to think that the fact that tribunals have to give reasons for their decision that can be challenged at the Upper Tribunal, may give some encouragement that they will get the job right in the first place.

Good luck

Derek

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13 years 1 month ago #50699 by Gordon
Replied by Gordon on topic Re:DLA and appeal
ClaraFanelli wrote:

Is it true that the DWP now turn everyone down for DLA? you have to go to appeal.

I am not aware of this being the case, we regularly have members making successful initial and follow-on claims.

1) Do you think they are going to put me through yet another appeal?

Without knowing the basis of your claim and the evidence available I am afraid we can't say.

2) is it true that if at appeal you get downgraded the appeal panel have to explain why and if they do not, what do you do? is it true that you have got to get through yet another appeal panel if you disagree? it is not a commissioner any longer who will look at your case?

You can only appeal to the Upper Tribunal, if you believe there has been an error of procedure or law. You cannot appeal because you disagree with the decision.

Hope this explains it.

Gordon

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

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  • originaldave
13 years 1 month ago #50702 by originaldave
Replied by originaldave on topic Re:DLA and appeal
ClaraFanelli wrote:

Is it true that the DWP now turn everyone down for DLA? you have to go to appeal.
This is my fifth renewal and I have been through two appeals successfully. I was completely turned down flat on the last two renewals but won my appeals. 1) Do you think they are going to put me through yet another appeal?
2) is it true that if at appeal you get downgraded the appeal panel have to explain why and if they do not, what do you do? is it true that you have got to get through yet another appeal panel if you disagree? it is not a commissioner any longer who will look at your case?
Many thanks



many people get dla first time without going to appeal ... and in recent weeks about half a dozen people have asked for an award to be looked at and raised with the help of the advice here on this web site and they have gone through no problem and in a matter of weeks
there are stats on dla awards I think its about 44% that get an award on putting in paperwork in

have you something like me/cfs that seems to have more than its fair share of problems at blackpool

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  • ClaraFanelli
  • Topic Author
13 years 1 month ago #50728 by ClaraFanelli
Replied by ClaraFanelli on topic Re:DLA and appeal
I have fibromyalgia and severe hearing loss in both ears as well as scoliosis of the spine.
I have always provided ample paper evidence doctors reports etc... as well as my own supportive gp.
If I am put through another appeal, who should I complain to?
Many thanks

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13 years 1 month ago #50760 by Derek4
Replied by Derek4 on topic Re:DLA and appeal
You can complain to your MP. Can't guarantee it will do any good but if everybody did it, especially when decisions are being repetitively overturned on appeal, it would at leas raise awareness of how much taxpayers money DWP decision makers are wasting.

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