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Appealing against decision not to award DLA

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11 years 4 months ago - 11 years 4 months ago #96118 by frantur
:( Have been receiving LR Care DLA for approx. 21 months it was awarded for 2 years and was awarded on the grounds of inability to make a main meal. I was sent a renewal form which I filled in and have a received a letter today within 3 weeks of sending it off saying they have not awarded me anything after the end of the 2 year period. If I appeal against the decision now is there the likelihood that they could revise that decision and stop payment immediately? Any help or experience of this would be appreciated.
Last edit: 11 years 4 months ago by .

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11 years 4 months ago - 11 years 4 months ago #96123 by
champagne wrote:

:( Have been receiving LR Care DLA for approx. 21 months it was awarded for 2 years and was awarded on the grounds of inability to make a main meal. I was sent a renewal form which I filled in and have a received a letter today within 3 weeks of sending it off saying they have not awarded me anything after the end of the 2 year period. If I appeal against the decision now is there the likelihood that they could revise that decision and stop payment immediately? Any help or experience of this would be appreciated.


Hi c,

I'm sorry to hear that your LRC DLA award will cease. :(

If the letter states that your current award will not cease until the end of the current 2 year award then that will indeed be the case, whether you appeal or not.

On the premise that you have one month from the date of the adverse decision notice letter to appeal, and then the DWP have to automatically reconsider the decision, the likelyhood is that this will be close to, if not over the 2 year award period anyway.

You can download a GL24 Form from the link on this page :

How to submit an appeal , you should also review all our : Appeals FAQ’s and our : DLA FAQ’s

You may wish to request the documents that were used by the DWP in coming to the adverse decision, see :

DLA Medical – What forms to ask for?

You may also wish to try and gain professional advice regarding an appeal, see : Where to get advice?

Our DLA Claims and Appeals Guides are on this page :

DLA Guides

bro58
Last edit: 11 years 4 months ago by .

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago #96151 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Appealing against decision not to award DLA
champagne wrote:

:( Have been receiving LR Care DLA for approx. 21 months it was awarded for 2 years and was awarded on the grounds of inability to make a main meal. I was sent a renewal form which I filled in and have a received a letter today within 3 weeks of sending it off saying they have not awarded me anything after the end of the 2 year period. If I appeal against the decision now is there the likelihood that they could revise that decision and stop payment immediately? Any help or experience of this would be appreciated.


Hi C,

As Bro has advised, if the decision letter only covers your renewal claim, then you will continue to receive LRC until your 2 year award ends.

Again, as Bro has advised, you can appeal this decision, but you can also make a new claim
for DLA, as it's possible for an appeal and a new claim to run in tandem.

You could ask for the decision to be looked at again, called a 'reconsideration'. However, only around 10% of 'reconsiderations' are successful, so we normally advise claimants to appeal, since before an appeal is sent to the Tribunals Service to action, it is automatically reconsidered again by a Senior Decision Maker.

Good luck, whatever you decide.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 11 months ago #103150 by frantur
:) Hi Everyone

I posted 4 months back when I was turned down after trying to renew my DLA and some excellent advice was given to me at that time. I decided to ask for a reconsideration and was turned down again but they listed what documents they had used to come to their decision. I queried whether an 18 month old ESA medical report was relevant and why even though my condition had worsened and I was now on 3 different pain killers I was suddenly capable of cooking a full dinner as far as I knew the criteria for same had not changed . I also noticed that a GP's report had not been used even though that had been mentioned in their original letter. I contacted my GP and found that he had received a request by the DWP for a report but had "forgotten" to fill one in. He dutifully sent the report back and I wrote to them asking them to now reconsider and I've won!!!!! It shows it is always worth really reading these letters to see what they have based their decision on.

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10 years 11 months ago #103151 by Gordon

champagne wrote: :) Hi Everyone

I posted 4 months back when I was turned down after trying to renew my DLA and some excellent advice was given to me at that time. I decided to ask for a reconsideration and was turned down again but they listed what documents they had used to come to their decision. I queried whether an 18 month old ESA medical report was relevant and why even though my condition had worsened and I was now on 3 different pain killers I was suddenly capable of cooking a full dinner as far as I knew the criteria for same had not changed . I also noticed that a GP's report had not been used even though that had been mentioned in their original letter. I contacted my GP and found that he had received a request by the DWP for a report but had "forgotten" to fill one in. He dutifully sent the report back and I wrote to them asking them to now reconsider and I've won!!!!! It shows it is always worth really reading these letters to see what they have based their decision on.


Congratulations on the award and your perseverance.

Gordon

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10 years 11 months ago #103153 by slugsta
Replied by slugsta on topic Appealing against decision not to award DLA
Well done for sticking to your guns! thank you for letting us know :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: frantur

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