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DLA renewal refused. Appeal deadline Fri i think

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11 years 5 months ago - 11 years 5 months ago #94913 by MinaK
Hello, this is my first post

I first applied for DLA in OCT 20120 with really detailed form and lots of supporting evid, they refused me. But once i put in for appeal, they reconsidered and gave in. At that time i put down reasons for appeal as was advised to at time citing not being able to cook a hot meal,feeling dizzy when out etc.They then gave it me w.out me havingto go to appeal.

I read your info on appeal and you say best not to put reasons down.

I reapplied this year but was v unwell and had to have a home visit. The advisor was in a rush to go on hols and sent a form she filled out that was copied in illegible writing from teh old form. Ididnt have a chance to sign or check it. I asked her to call and withdraw it but she didnt.

I found a new advisor and we were by then running out of time.. We asked GP for report and she sent a positive reply on the form DWP sent her instead of doing a full report as asked by the advisor.

I then had an ATOS assessment which wasnt recorded as they said they would have to postpone the assessment as not enough notice A friend went with me. Should i ask her to give me her notes? She will beaway till mid Jan from this Friday..

I have been unwell since getting the dla refusal on the renewal claim in which they said they have based their decision on the form. they do not mention the ATOS report or my GP report

My current advisor is not v experienced at all.
I am not sure if we should put reasons except I wonder if last time that may have helped. The difference is this time the form is not as fully done and i didnt have hafl as much supporting evidence, ironically because i have been more unwell.. The advisor said they would post off the appeal today : I have asked them if they feel i should put down reasons but now they are too busy to respond to me till Wed. And the refusal is dates 26 october so i think it must have to reach dwp by the 25th? Which is sunday so presumably has to be there Friday 23rd/ Can it be faxed do you know?

I am not sure what is substantiated in detail by the current form and evidence as cant even read what is on the form that woman filled out.. .

I was thinking of asking the advisor to put in the appeal letter a general indication that my health conditions have got worse since the initial award 2 yrs ago and that i still cannot cook ahot meal and have continued and worsenign difficulties with mobility as a general statement but that as per your pro forma I consider that I provided enough evidence for an award to be made.
Whilst still saying will be unable to provide details of my grounds of appeal at this stage until I have been provided with full information about how the decision was reached. Or is that fudging the 2 positions
I have congitive diffs so am struggling..

Would it be sensible to ask for a copy of teh ATos medical report when i notify them i want to appeal

best wishes
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #94918 by Gordon
MinaK

Although you already seem to have found our guides, you might want to have a look at the following FAQ

Welcome to Benefits and Work

With regard making an appeal, the most important thing is to lodge the appeal within the one month, this is especially important for DLA, as there is less latitude operated by the DWP in regard to late appeals.

You don't have to be detailed in your reasons for lodging an appeal, whether this be on a GL24 appeal form or a letter, however, our recommendation on this is based on a claimant subsequently sumbmitting a more detailed response, possibly with more evidence, so if you are not planning to do this, then you might want to elaborate in more detail, this can be on a seperate sheet if necessary.

I would definitely recommend getting your friends notes from them, it is surprising how little people remember of an assessment when they are concentrating on answering the questions.

Again, you should certainly request the medical report, infact the following FAQ lists the documents that may be available to you.

DLA Medical – What forms to ask for?

Our DLA Appeal guide is available on the following link

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

It also makes sense for you to go through our DLA Claim guides to see whether you can actually prepare a better submission.

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

If you have more questions, please reply to this thread.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 5 months ago - 11 years 5 months ago #94928 by MinaK
hi gordon thank you
qu 1 if decsion was 26Oct does that mean i have to get it to them by the 25th or 26th Nov
as25th is a sunday, would the monday be Ok?
And is a fax with original being posted too OK or do they have to have the original paper copy by the deadline

I will aim to do something more detailed re submission but what timescale am i looking at re this as its getting harder to get drs to write stuff..
Ie when am i likely to have to put down the reasons etc.. as it takes me ages to do stuff..

not sure if friend has any contemporaneous notes but i can ask her for her best rerecollection and general comments one of which was that dr didnt seem to know wwhat M.E was
You're right i dont remember so well already
thanks for prompt reply
will look at links as soon as able
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #94932 by Gordon
MinaK wrote:

hi gordon thank you
qu 1 if decsion was 26Oct does that mean i have to get it to them by the 25th or 26th Nov
as25th is a sunday, would the monday be Ok?
And is a fax with original being posted too OK or do they have to have the original paper copy by the deadline

I will aim to do something more detailed re submission but what timescale am i looking at re this as its getting harder to get drs to write stuff..
Ie when am i likely to have to put down the reasons etc.. as it takes me ages to do stuff..

not sure if friend has any contemporaneous notes but i can ask her for her best rerecollection and general comments one of which was that dr didnt seem to know wwhat M.E was
You're right i dont remember so well already
thanks for prompt reply
will look at links as soon as able

The timescales is explained in the following FAQ

How long do I have to appeal?

To be clear, the one month is to return the appeal request and for it to be received by the DWP.

I have never heard of anybody faxing an appeal request, if only for the reason that the DWP do not usually release the numbers.

The DWP will first do a Reconsideration, and only if this does not change the Decision, will your papers be submitted to the Tribunal Service. You should have 4 weeks to get papers to the DWP, you should mention that you will be submitting additional paperwork on your request for an appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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