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DLA - Change of circumstances/condition?

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12 years 4 months ago #73745 by jennypenny
DLA - Change of circumstances/condition? was created by jennypenny
Hi,

I wonder if any of you can help with this. I have a friend who, after a long fight and tribunal attendance etc was awarded the low rate care component of DLA and nothing for mobilty. While she waiting on a decision being made (this took over a year in total) her condition deteriorated to the point that she can't leave home on her own, can't walk the length of herself and is taking more medications that my local pharmacy has in stock. I told her she should tell them that her condition has changed (ie gotten a lot worse) and when she phoned, she was told that they would not take into account anything that happened from the point of her original claim right through to the point that the final decision was made... Can you tell me if this is right please (seems crazy as it's not her fault that they dragged their heels and her condition continued to worsen while they were doing so).

She's coming over to me tomorrow for some help in drafting a letter to write to them so I wondered if there was anythign in particular I should write? any tips?

Thanks
Jenny

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12 years 4 months ago #73753 by Gordon
Replied by Gordon on topic Re:DLA - Change of circumstances/condition?
Jenny

The Tribunal could only consider your friends condition as it was on the date of the original Decision, so any deterioration could not have been included in the award.

However, now that an award has been made, she is entitled to notify the DWP of a Change of Circumstances with regard to her claim.

Asking for a Supersession, carries some risk, see the following FAQ.

Is there any risk to challenging a decision?

You should have a look at the DLA claim guides for more details regarding a Change of Circumstances.

Gordon

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

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12 years 4 months ago - 12 years 4 months ago #73757 by Crazydiamond
Replied by Crazydiamond on topic Re:DLA - Change of circumstances/condition?
A new claim for DLA or a supersession (review) of an existing award of DLA normally can only take place from the date of claim.

What should have happened in your friends circumstances is that as soon as there was a deterioration in her medical condition and therefore increased mobility and/or care needs, she should have reclaimed immediately. A new claim could have run concurrently with the outstanding appeal. You don't say whether your friend has asked for a claim form or whether the DLA Unit intend sending her one, but it is imperative that a claim is submitted as soon as possible to avoid losing any further potential entitlement. As there is a subsisting award of DLA, the claim form should either be a DLA434 or DLA580.

If the DLA Unit are not sending the relevant claim form, a letter should simply state that your friend has increased care and/or mobility needs and a claim form is required. The date on the letter should be accepted as the date of claim in conjunction with the relevant claim form when it is received, completed and returned.

It would be advisable to send the letter by recorded delivery to ensure it is received at the DLA Unit, so your friend does not forgo any further potential DLA entitlement.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 4 months ago by Crazydiamond. Reason: Grammar correction.

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  • Eddie
12 years 4 months ago #73762 by Eddie
How is she coming over to see you tomorrow Jenny?

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  • Eddie
12 years 4 months ago #73764 by Eddie
Hi Jenny, I put that question as it shows just how easy it is to fall into the pitfalls of those who seek only to make you squirm under their "power". It is now over a year since I started on this road into the unknown, trying to get what I was told am entitled to. Sometimes I wonder how is it possible for them to know exactly how I was over a year ago, how someone who has never spoken to me, never mind met, can refuse my claim, yet I am also on 11 different meds daily. :dry: I now sit here and read through all the posts, in different shifts :woohoo: and despair, glad I am not involved in ESP and the like. I have come to the conclusion you treat all on the opposition side as your worst enemy, so think at all times before you say, or do anything, let them think they are clever ...then ... :woohoo: take care ..Ed

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  • pata1
12 years 4 months ago #73911 by pata1
Hello All,

I'm sorry to raise this issue but we are getting lots of members posting queries for friends.

Whilst members subscriptions are to give them access to the members only guides and the forum is provided as a courtesy, posts seeking advice should be confined to themselves, partners and immediate family.

Others requiring assistance and using a friend to raise queries should take out their own subscription, to be fair to all our members.

Thank you for your cooperation.

Pat

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