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Change of circumstance
- Lorraine
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11 years 10 months ago #86903 by Lorraine
Change of circumstance was created by Lorraine
Advice for my brother please. He was getting DLA High Rate Mobility and Middle Care of many years and it was reduced to low care only - why we dont really know as he never received the paperwork (I know, I know, I begged and pleded/advised him to appeal but he gets very angry and just gives up). He has decided he wants to try to get his original award back (here we go again - he is on high morphine and other pain meds so gets very frustrated).
Am I right that the only way to do this is to ask for a change of circumstances? If so how do you do this, do you just write to tell them or is there a form?
Also what happens when PIP takes over from DLA in April 2013? Will he be one of the first to be assessed (if he gets DLA that is), so would he be better to wait until PIP comes in, as he is not well enough to do lots of writing/form filling in now and then do it all again for PIP in April.
Advice please? Many thanks in advance.
Am I right that the only way to do this is to ask for a change of circumstances? If so how do you do this, do you just write to tell them or is there a form?
Also what happens when PIP takes over from DLA in April 2013? Will he be one of the first to be assessed (if he gets DLA that is), so would he be better to wait until PIP comes in, as he is not well enough to do lots of writing/form filling in now and then do it all again for PIP in April.
Advice please? Many thanks in advance.
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- Gordon
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11 years 10 months ago #86905 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Change of circumstance
Lorraine
You can lodge an appeal upto 13 months after the Decision to lower your brothers DLA award, however, if it is more than a month after, you will need to provide Good Cause as to why the appeal is late, which may not be accepted, although this is rare.
See the following FAQ on how to appeal
How to submit an appeal
To ask for a Supersession/re-assessment due to a change of circumstances you will need to show that your brothers condition has deteriorated since the previous Decision. This may be difficult if that Decision was only a few months ago, and there will be an expectation that you will provide evidence to support this.
To request a Supersession you should contact the DWP office that deals with his DLA claim in writing.
Most claimants will not be assessed for PIP between 2014-16, there is currently no information regarding the order that this will done in.
Gordon
You can lodge an appeal upto 13 months after the Decision to lower your brothers DLA award, however, if it is more than a month after, you will need to provide Good Cause as to why the appeal is late, which may not be accepted, although this is rare.
See the following FAQ on how to appeal
How to submit an appeal
To ask for a Supersession/re-assessment due to a change of circumstances you will need to show that your brothers condition has deteriorated since the previous Decision. This may be difficult if that Decision was only a few months ago, and there will be an expectation that you will provide evidence to support this.
To request a Supersession you should contact the DWP office that deals with his DLA claim in writing.
Most claimants will not be assessed for PIP between 2014-16, there is currently no information regarding the order that this will done in.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lorraine
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11 years 10 months ago - 11 years 10 months ago #86908 by Lorraine
Replied by Lorraine on topic Re:Change of circumstance
Thank you so much. The trouble is if they did not believe him last time (he did have a medical at home) his GP is useless, then I am not sure he will get anywhere this time, as he has no more evidence to give to what was given first time around. We were all shocked that they cut it from HB to nothing and MC to LC.
Last edit: 11 years 10 months ago by slugsta.
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- Gordon
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11 years 10 months ago #86915 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Change of circumstance
Lorraine
From your comments a Supersesson does not seem likely to be of any value, leaving just the appeal route.
It might be worth you having a look at our DLA appeal guide and some of the other related documents to deceide whether you have a case, at least that way you will be making an informed decision. See
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
From your comments a Supersesson does not seem likely to be of any value, leaving just the appeal route.
It might be worth you having a look at our DLA appeal guide and some of the other related documents to deceide whether you have a case, at least that way you will be making an informed decision. See
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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