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dla reconsideration

  • clio
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12 years 2 months ago #81626 by clio
dla reconsideration was created by clio
hi
recently my mental health has got worse leading me to have a mental health support worker and awaiting psychology.
I ask for a change in circumstances filled in the new form sent it back. after 11 weeks got a reply back stating no change. I then ask for another person to look at decision this also came back with no change still lrm and lrc.

without going to tribunal as \i cant face this as \i have one going on for esa

what is the chances of me sending in a new claim? am I allowed having sent it back twice, can \i try again new claim in 3 mths?

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 months ago #81631 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:dla reconsideration
DLA claimants can make a new claim anytime, especially if their condition has worsened, you don't need to wait three months.

Lots of information on making a claim for DLA in the guides in the members only area.

Also in www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444

Scroll down to Disability Living Allowance.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Rosered
12 years 2 months ago #81642 by Rosered
Replied by Rosered on topic Re:dla reconsideration
I've had something similiar loosing my higher rate care and no luck with reconsideration.

Should I just go to a tribunal for appeal or should I apply for DLA anew as I have now another condition which while it affects me is probably not the one for my major claim for DLA.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 months ago #81648 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:dla reconsideration
Hi Rose,

You can do both, i.e. appeal against the first decision, and as your condition has worsened you can also make a new claim.

If your new claim is successful, any increase of award can only be backdated to the date the second decision was made.

If you want to pursue the first decision you'll have to appeal to a Tribunal, so long as it's not more than a month since you were advised of the decision.

See www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444 and scroll down to DLA.Also check out the DLA guides in the members only area for information about making the best claim possible and about DLA appeals.

Good luck

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • clio
  • Topic Author
12 years 2 months ago #81662 by clio
Replied by clio on topic Re:dla reconsideration
hi
you said I can apply for a new claim of dla change of circumstances.
well the form they said you to fill in for change of circumstances if not much different for the full dla form
so if I get new claim form and just say some of the things on it are slightly different will they look at my previous claim form and perhaps think why did I not put that down last time or simular. or why am i sending one in again so soon after sending in claim for change of circumstances and they didnt change there disision ?

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12 years 2 months ago #81665 by Gordon
Replied by Gordon on topic Re:dla reconsideration
Clio

You cannot assume that they will refer to any previous claim form, so you should complete it in as much detail as possible, and provide evidence to support your deteriorated condition.

Follow the DLA Claim guides in the Members Only area. See

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

and

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlachanges

Gordon

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