DLA reconsideration

Hi i was wondering if any body have ever had a decision reconsidered by DLA first before appealing and did they have a positive outcome?

claimant wrote:

Hi i was wondering if any body have ever had a decision reconsidered by DLA first before appealing and did they have a positive outcome?

Hi,

Just to make you aware, if one does 'appeal' a DLA (or really any benefit) decision by sending in a GL24 form requesting the claim go to an appeal tribunal, then a reconsideration is always carried out on the claim by a different Decision Maker, prior to the case being sent to the Tribunals Service.

Only if this second Decision Maker cannot make/increase the award does the claim get sent off to the Tribunal Service.

Hence we generally do advise claimants to go straight to into applying for an appeal tribunal as opposed to just asking for a reconsideration, as in practice relatively very few claims are increased/awarded at the reconsideration stage.

Of course there is also the risk that in asking for a reconsideration a claim can be reduced. If this does occur then no doubt one would want to then appeal the revised decision and thus would go to an appeal tribunal anyway.

If the appeal tribunal were contemplating reducing an award, the claimant would normally be given the chance to withdraw their appeal, something that would not necessarily happen on a reconsideration alone. Again this reinforces the advice to go straight for an appeal tribunal.

Pete

Pete

Hi thanks for that.
I asked for reconsideration as they had stopped DLA and that also stops me having mobility car from the 16/12/2011 which will put me back to square again.I (sorry about spelling of this word)am classed as agoraphobic i have a fear of crowds so i don't take public transport,go cinemas things like that, also other illnesses.
Do you think i made mistake in what i did then?

It can definitely go either way and I have experience of both.

When I first applied for DLA, the inital award was nothing. Then it was increased at reconsideration level to HRM HRC before it got to appeal. This was almost 3 years ago.

Following year got HRM & HRC at renewal.

At my renewal this year (with increased needs) I got HRM & LRC, so I appealed. At reconsideration level I got just LRC (for cooking test this time, and not the actual care as it was at renewal) . So it's going all the way to Tribunal this time. But I do not regret appealing, as I firmly believe I am still entitled to a higher award.

claimant wrote:

Hi thanks for that.
I asked for reconsideration as they had stopped DLA and that also stops me having mobility car from the 16/12/2011 which will put me back to square again.I (sorry about spelling of this word)am classed as agoraphobic i have a fear of crowds so i don't take public transport,go cinemas things like that, also other illnesses.
Do you think i made mistake in what i did then?

Hi,

as bobbers post above shows, reconsiderations can and do vary.

If you have already asked for a reconsideration, then your right to an appeal tribunal still exists once you know the outcome of the reconsideration. Nothing is lost, only time.

If you had asked for an appeal, and if your case eventually needs to go to an appeal tribunal it is normally quicker if the appeal was requested at the start, than waiting for the outcome of the reconsideration and only then asking for an appeal to a tribunal.

Pete

hi have HRM and just starting the appeal mine runs out next week but they will support me for another 6 mths with the car so may be worth ringing motability