dla appeal advice

hi, ive a friend who has just been refused any award of dla at appeal.

can they re-apply straight away or will the dwp just use the same evidence to turn it down again?
(same gpfr as the first time application)

thanks,

gary wrote: hi, ive a friend who has just been refused any award of dla at appeal.

can they re-apply straight away or will the dwp just use the same evidence to turn it down again?
(same gpfr as the first time application)

thanks,

Hi g,

Your friend can apply for DLA straight away, if their health condition has lasted at least three months and is it likely to last at least another six months?

The DWP should take into account evidence that is pertinent to the time of the decision, it may help this time if fresh evidence is found and provided by your friend.

If they are to make a fresh claim for DLA, they should do so before April 2013, as from that time, all new claims will be for PIP, and not DLA. Unless of course, your friend feels that the qualifying criteria for PIP may be easier to fulfill taking into account their personal limitations.

Re : PIP, see : www.benefitsandwork.co.uk/forum?view=top...id=10&id=85481#85481

&

www.benefitsandwork.co.uk/personal-independence-payment-pip

Re : DLA, see : DLA Guides & : DLA FAQ’s

Another alternative if it is felt that The Tribunal were errant in law : What is an Error of Law? , would be to appeal to The Upper Tier. They would first have to : Request a Statement of Reasons , and gain professional advice, see : Where to get advice?

bro58

I think the judge preffered the gpfr obtained by the dwp as the gp filled in the "IF KNOWN" part on the form.

I think there may be a case to try the error in law, as the judge told my friend it didnt matter which doctor filled it in because it would be the same factual report.

But his usual doctor said it would be impossible for a gp to fill this part of the form as not enough would be known about the factual care needs of the patient.

He had a good letter from his usual gp of his true needs at the appeal, but it seems the judge wouldnt consider this before the other gpfr.

gary wrote: I think the judge preffered the gpfr obtained by the dwp as the gp filled in the "IF KNOWN" part on the form.

I think there may be a case to try the error in law, as the judge told my friend it didnt matter which doctor filled it in because it would be the same factual report.

But his usual doctor said it would be impossible for a gp to fill this part of the form as not enough would be known about the factual care needs of the patient.

He had a good letter from his usual gp of his true needs at the appeal, but it seems the judge wouldnt consider this before the other gpfr.

Hi g,

As previously advised, the first step would be to request the written Statement of Reasons from The Tribunal, and would strongly advise that your friend obtains professional advice.

bro58

thanks bro58,

I will advise he does that