My DLA Appeal was Refused...Some advice please!

I used to get High Rate Mobility and Low rate Care. My DLA renewal in May was denied. I went to appeal yesterday and got a letter today to say my appeal is refused.

I have FMS, Degenerative Discs, Cervical Spondylosis, Asthma and Arthritis.

The reports from my G.P and Consultant never gave any indications about the affects on my life because of my health problems.

I have written a letter to the Tribunals Service for a Statement of Reasons. Can I ask the DWP to send me for a Medical?
Where can I get a paid for Medical done and what costs would be involved?

I would really appreciate any advise or help!

It feels as if the DWP and Tribunal are not taking any notice of me and it makes me feel as if they think I am a liar.

Galaxy Gal wrote:

I used to get High Rate Mobility and Low rate Care. My DLA renewal in May was denied. I went to appeal yesterday and got a letter today to say my appeal is refused.

I have FMS, Degenerative Discs, Cervical Spondylosis, Asthma and Arthritis.

The reports from my G.P and Consultant never gave any indications about the affects on my life because of my health problems.

I have written a letter to the Tribunals Service for a Statement of Reasons. Can I ask the DWP to send me for a Medical?
Where can I get a paid for Medical done and what costs would be involved?

I would really appreciate any advise or help!

It feels as if the DWP and Tribunal are not taking any notice of me and it makes me feel as if they think I am a liar.

Hi,

Sorry to hear of your disappointing result.

Sadly it could possibly be the case that your Consultants and GP factual reports were of little or next to little use if they did not give any indication of the effects your condition(s) have on your day to day mobility and care needs. However that may be cleared up once you receive the Statement of reasons which should explain why you were not awarded DLA.

Unfortunately the DWP do not have to send you for a medical if they believe a decision on the case can be made without one. If the Tribunal panel thought one was needed, they did have the option of adjourning the tribunal pending a medical and subsequent report on your care/mobility needs - obviously they didn't think one was needed either.

It is not possible for us to advise where a 'paid fo' medical which emphasises your care and/or mobility needs can be obtained from. Perhaps your GP Practice Manager could advise you, but there is no guarantee even with that medical report a claim would be 100% successful.

Once you receive the SOR, it would be worth going through it in detail with a Welfare Rights Adviser/CAB etc to see if the panel made any errors in law which could potentially be taken forward to the Upper Tribunal.

It may also be the case that you may be able to reapply for DLA again from scratch.

Pete

Galaxy Gal wrote:

I used to get High Rate Mobility and Low rate Care. My DLA renewal in May was denied. I went to appeal yesterday and got a letter today to say my appeal is refused.

I have FMS, Degenerative Discs, Cervical Spondylosis, Asthma and Arthritis.

The reports from my G.P and Consultant never gave any indications about the affects on my life because of my health problems.

I have written a letter to the Tribunals Service for a Statement of Reasons. Can I ask the DWP to send me for a Medical?
Where can I get a paid for Medical done and what costs would be involved?

I would really appreciate any advise or help!

It feels as if the DWP and Tribunal are not taking any notice of me and it makes me feel as if they think I am a liar.

Hi GG,

I am sorry to hear that your appeal failed.

As your appeal on the adverse decision to not award you any DLA has failed, that is more or less and end to that chapter.

You could make an appeal to the Upper Tier, on a point of law, however this is not a straight forward issue and you would need in depth face to face advise from a welfare rights officer, from CAB or other such advice agency.

The only other option is to have the decision "Set aside" however this must be down to some procedural error, and again you would need face to face advice.

Have a read of the DLA appeals guide from here. :

How to submit an appeal


There is mention of appeals to the upper tier near the end of the document.

Your other option is to make a fresh claim straight away.

As long as you have suffered from the limitations due to your medical conditions for the 3 months prior to your fresh claim, and will expect to suffer the same limitations for 6 months after the date of the claim.

If you wish to make a fresh claim, you should also read our DLA Claim Guides, from here. :

www.benefitsandwork.co.uk/help-for-claimants

Hope this helps

bro58

Mod Edit : Posted same time as Pete.

Thank you Pete for your reply!

I will give updates on here as events unfold.