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- marydoll
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11 years 1 month ago - 11 years 1 month ago #100221 by marydoll
DLA was created by marydoll
Hi
Can a DLA decision maker stick to the original decision made in 2010 when I ask them to look at it again in 2013 ? I receive middle rate care low rate mobility,
Can a DLA decision maker stick to the original decision made in 2010 when I ask them to look at it again in 2013 ? I receive middle rate care low rate mobility,
Last edit: 11 years 1 month ago by .
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11 years 1 month ago #100226 by
Hi md,
Yes, a DM can leave an existing award of DLA "unchanged" when a claimant requests a review of said existing award.
bro58
Replied by on topic DLA
marydoll wrote: Hi
Can a DLA decision maker stick to the original decision made in 2010 when I ask them to look at it again in 2013 ? I receive middle rate care low rate mobility,
Hi md,
Yes, a DM can leave an existing award of DLA "unchanged" when a claimant requests a review of said existing award.
bro58
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- marydoll
- Topic Author
11 years 1 month ago #100233 by marydoll
Replied by marydoll on topic DLA
Hi Bro thanks for your quick reply I am appealing this decision as my copd and nerve damage in spine is worse so fingers crossed this time.
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- Gordon
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11 years 1 month ago #100235 by Gordon
Just to add to Bro58's post, please make sure that you understand the basis on which each award of DLA is made, for example; Higher Rate Care is only given when a claimant has care needs both day and night, not because they need more care during the day or night.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA
marydoll wrote: Hi
Can a DLA decision maker stick to the original decision made in 2010 when I ask them to look at it again in 2013 ? I receive middle rate care low rate mobility,
Just to add to Bro58's post, please make sure that you understand the basis on which each award of DLA is made, for example; Higher Rate Care is only given when a claimant has care needs both day and night, not because they need more care during the day or night.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- marydoll
- Topic Author
11 years 1 month ago - 11 years 1 month ago #100236 by marydoll
Replied by marydoll on topic DLA
is it still ok to appeal ? as I have this rate due to mental health not my copd and nerve damage and I need more care both night and day now
Last edit: 11 years 1 month ago by Gordon.
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- Gordon
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11 years 1 month ago #100239 by Gordon
You need to notify the DWP of a Change of Circumstances, and this should result in a SuperSession (re-assessment) on your claim.
It is your care needs that will be looked at, so if you have care needs both day and night, then of course you should consider doing this, I just wanted to stress that HRC is not given just because your care need have increased, you do need to show that you now have frequent care needs 24 hours a day.
Please have a look at our DLA Claim guides in the Members Only area, there is one that covers claiming with a dual diagnosis.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA
marydoll wrote: is it still ok to appeal ? as I have this rate due to mental health not my copd and nerve damage and I need more care both night and day now
You need to notify the DWP of a Change of Circumstances, and this should result in a SuperSession (re-assessment) on your claim.
It is your care needs that will be looked at, so if you have care needs both day and night, then of course you should consider doing this, I just wanted to stress that HRC is not given just because your care need have increased, you do need to show that you now have frequent care needs 24 hours a day.
Please have a look at our DLA Claim guides in the Members Only area, there is one that covers claiming with a dual diagnosis.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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