Appeals mess up my hubbys dla application

Katier

Welcome to the forum, the following FAQ explains where everything is.

Welcome to Benefits and Work

We'll do our best to help, but we cannot replace the depth of advise that you can receive from a trained advisor, that you see face to face.

Where to get advice?

The first thing we need to understand is whether you asked for a Reconsideration or Revision of the Decision or lodged an appeal? In the case of he first, a new DWP Decision Maker will review the evidence and re-make the Decision, in the latter, if the Reconsideration does not find in your favour, your papers are submitted to the Tribunal Service for a hearing to be held by an independant panel.

Based on you post, it sounds like you only had a Reconsideration.

This being the case, you should have received a Decision Letter notifying you of the result of the Reconsideration. This is an appealable Decision, and whilst you normally have one month to lodge an appeal, failure to be sent and/or receive the Decision Letter would be reason for you to submit a late appeal.

If you do this, it can run in parallel to any new claim you might make for DLA, and if successful, should result in payment from the original claim date.

With regard your husbands condition(s), whilst important, his claim will be evaluated on his Care and Mobility needs, it is possible for two individuals suffering the same conditions, to have entirely different Care and Mobility needs, so I am afraid we can't comment on whether there is merit to his claim.

Please reply to this post with the requested info, and any further questions you might have.

Gordon

Katier wrote:

Hi Gordon, My husband's application was looked at again and then was sent to the tribunal service, it was the TS that failed to notify either the dla or my hubby that the appeal decision was made against him in March, the DLA continued to request information from his cardiologist right up to July until it came to light that a decision had already been made in March.

Thanks for helping

Did you request a Paper hearing, where you do not need to attend the hearing?

Gordon

Katier wrote:

yes a paper hearing, we were up to our eyes in hospital appointments and my husband was really not well enough to go

Unless you can show that the Tribunal made an Error of law in making their Decision, then this avenue of appeal is closed and you are left with making a new claim.

Gordon