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DLA Result, but what to do?

  • caf
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12 years 4 months ago #76212 by caf
DLA Result, but what to do? was created by caf
Hi

Thanks for all the good advice available in your guides.
After 3 months, I've just got the 'dreaded brown envelope' back and I've been awarded High Rate Mobility & Lower Rate Care indefinitely. I didn't have a medical, but they got a report from my consultant.

In many ways this is a good result, as it's the same rates that I had before (they've not tried to downgrade my award) and it is indefinite, whereas before I'd been on 1, 2 or 5 year awards.
However, my condition has deteriorated so much in the last 5 years, and I think I am entitled to Middle Rate Care.

It is the awkward question of whether to risk appealing and losing my award, or put up and get through the next few years and fight it when PIP comes in.
I had thought to write an ask for a fuller explanation and a copy of the consultant's report, as my condition is variable and I need to understand whether they don't count e.g. not being able to get dressed 2-3 days a week as sufficient to need 'help' or not, but your guide says just to appeal.

Am I going to be better trying to see someone at CAB to get advice? part of me thinks that, unless I know what the consultant has written, it's difficult to judge success.
Also, if I accept an award of only LRC at this stage, will it go against me at PIP, as they say 'well you haven't got worse?'

Thanks

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12 years 4 months ago #76215 by Gordon
Replied by Gordon on topic Re:DLA Result, but what to do?
caf

You should not leap into an appeal without carefully considering your position, because, as you have already identified there is a risk to your existing award.

You have one month from the date on your Decision letter in order to register an appeal, so I would use this time to request the Statement of Reasons and the Consultants report you mention.

I would also suggest you seek advice from your local CAB or Welfare Rights office, in order to get an objective view of your chances.

PIP, if introduced, will be based on a different assessment process so all claims will be effectively reviewed from scratch, so you should not be concerned on any impact on whether you appeal your existing award or not.

Hope this explains it.

Gordon

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

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  • caf
  • Topic Author
12 years 4 months ago #76233 by caf
Replied by caf on topic Re:DLA Result, but what to do?
Thanks Gordon

I've just rung and requested the info from DWP. I'll try and ring CAB as well.

I must have misunderstood what it said in your guides under the bit about asking for a reconsideration - it sounded like it wasn't worth asking prior to appealing.

As you said, I'm all too aware what I've potentially go to lose! I'm sure I wouldn't have gotten what I have even now without following your guides.

Thank you

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12 years 4 months ago #76236 by Gordon
Replied by Gordon on topic Re:DLA Result, but what to do?
caf

You can request a Reconsideration or lodge an appeal in which case a Reconsideration will be done anyway. In both cases, the request must be made within a month so your options are still open.

Gordon

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

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