Supercession - no change granted - can I appeal?

DLA have recently carried out a supercession consideration due to a deterioration in circumstances and the confirmation of further disease.

DLA granted no changes and I want to know if this is subject to appeal just like a new claim as I received no documentation advising of any appeal route.

thanks,

Lisa

lochlisa wrote:

DLA have recently carried out a supercession consideration due to a deterioration in circumstances and the confirmation of further disease.

DLA granted no changes and I want to know if this is subject to appeal just like a new claim as I received no documentation advising of any appeal route.

thanks,

Lisa

Hi,

There are situations where a supercession that is carried out and which does not adversely change the substantive award are not 'appealable'.

Without knowing the full facts and circumstances of a case it is impossible to tell whether or not this would apply. To attempt to give an answer may lead to incorrect information being given.

If the supercession result is 'appealable' then as would time limited to ask for the appeal, face to face advice from a welfare rights agency, who can go through the case in depth should be sought asap.

see:


Where to get advice?


Where to get help

Pete

I'm no expert, but I have been studying and reading DLA/ESA for many weeks, and I'm sure I recall seeing in legislation somewhere that, there has to have been a 'decision' made (regarding a disability benefit), for there to be an appeal against it.

I.E. no 'decision' = no appeal.

Could be wrong though.