DLA based on wrong evidence

Naive me!

In 2010/11 I applied for, got turned down for and successfully appealed for ESA.

I've just reclaimed DLA. I've been turned down based on information from:

my claim form
the health care professional who examined me for ESA in 2010

.

What shocked me is that they didn't also base their decision on the Tribunal information that overturned the health care professional's information...

I phoned to ask for reconsideration, because I thought that should be quick & simple, and said I'd also request an appeal (in writing). I was told there is currently an 11 week delay on reconsiderations.

So I'm adding a formal complaint about the time taken for reconsiderations, because the DWP person I spoke to said that was the only way to raise a concern at the inadequate staffing to cope with the volume of requests for reconsideration.

Anne

welshflier wrote:

Naive me!

In 2010/11 I applied for, got turned down for and successfully appealed for ESA.

I've just reclaimed DLA. I've been turned down based on information from:

my claim form
the health care professional who examined me for ESA in 2010

.

What shocked me is that they didn't also base their decision on the Tribunal information that overturned the health care professional's information...

I phoned to ask for reconsideration, because I thought that should be quick & simple, and said I'd also request an appeal (in writing). I was told there is currently an 11 week delay on reconsiderations.

So I'm adding a formal complaint about the time taken for reconsiderations, because the DWP person I spoke to said that was the only way to raise a concern at the inadequate staffing to cope with the volume of requests for reconsideration.

Anne

Hi WF,

It may be prudent to ensure that you register your appeal in writing, using GL24 form, within the 1 month deadline.

As you may know, an automatic reconsideration, by a different more senior DM takes place anyway, when an appeal submission is received by the DWP.

bro58

Thats the exact same thing they done to me!!I put in a letter of complaint regarding the handling of my clain and then phoned today and it was only today I found out about the fact that they would even do reconsiderations!! If I knew about that before I would have used it for myself and my daughter!

Carolyn,

Your two recent posts have not been published because they are too long and both are
in just one paragraph. All posts have to be read and approved by a moderator before they appear in the forum. It's extremely difficult to read long posts and some of our moderators have visual problems.

You can submit them again in a shorter form, broken down into paragraphs, and we'll happy publish them, although we cannot give individual advice to members.

Kind regards.

Jim

My DLA decision was based on my ESA50 from last summer, even though my health had deteriorated since then and an appeal is currently being pursued. I pointed out that my claim for DLA in no way bore any resemblance to how I was last year and I pointed out all of the 'errors'. After only a few weeks I got a reconsideration and it was founded in my favour. I had proceeded to apply for an appeal, but the DLA said that they had changed their mind (mainly because they realised that i would probably win at an appeal hearing). Get the appeal going and also ask for a reconsideration and point out why. I bulleted the points in a letter and highlighted all of my answers and how they had come up with answers linked to my last ESA form and not the DLA information. Good luck!