DLA Appeal

Hi, I've got 4 days to put in an appeal against my DLA decision. I have sat on it as they said they were sending me a copy of a report (for which i would have to wait 14 days) and it still hasn't come. I am now having to appeal without seeing site of the report.

I get lower rate mobility and lower rate care.
I've read through all the members documents.


However, when they first rejected my claim, they said I was not entitled to middle rate care as I do not get dizzy indoors or fall indoors, although my lower rate mobility is for my dizzyness.

I asked them to revise the decision as this didnt make sense, and the revised decision came back that I do not need day attention and day care, no mention at all whether I have dizziness or at risk of falling at all.

Do I appeal against the first letter, or the second letter? It seems the second one was just a rewrite of the first, removing all mentions of dizziness of falling in order not to award me middle rate care.

I'm aware that I might lose both my lower rate care and mobility by appealing, but I need the extra help. There are so many things I am unable to do for myself.

Thumbelina wrote:

Hi, I've got 4 days to put in an appeal against my DLA decision. I have sat on it as they said they were sending me a copy of a report (for which i would have to wait 14 days) and it still hasn't come. I am now having to appeal without seeing site of the report.

I get lower rate mobility and lower rate care.
I've read through all the members documents.


However, when they first rejected my claim, they said I was not entitled to middle rate care as I do not get dizzy indoors or fall indoors, although my lower rate mobility is for my dizzyness.

I asked them to revise the decision as this didnt make sense, and the revised decision came back that I do not need day attention and day care, no mention at all whether I have dizziness or at risk of falling at all.

Do I appeal against the first letter, or the second letter? It seems the second one was just a rewrite of the first, removing all mentions of dizziness of falling in order not to award me middle rate care.

I'm aware that I might lose both my lower rate care and mobility by appealing, but I need the extra help. There are so many things I am unable to do for myself.

Hi T,

As it appears that the original adverse decision was not changed on revision.

You can simply appeal the original decision, citing that it was not changed on reconsideration.

With respect to the report that you have requested and not received, it would be worth noting this on your GL24 appeals form, stating that you may be adding further submissions when you receive this.

bro58

i cant say whether you should appeal but i was turned down completely for dla for dizziness even though i have had numerous falls and sent medical evidence, though they did base part of their decision on a esa assessment report in which i scored 12 points, part of which was for dizziness. i'm not going to appeal im just going to reapply with more supporting evidence.

Thumbelina wrote:

Hi, I've got 4 days to put in an appeal against my DLA decision. I have sat on it as they said they were sending me a copy of a report (for which i would have to wait 14 days) and it still hasn't come. I am now having to appeal without seeing site of the report.

I get lower rate mobility and lower rate care.
I've read through all the members documents.

I asked them to revise the decision as this didnt make sense, and the revised decision came back that I do not need day attention and day care, no mention at all whether I have dizziness or at risk of falling at all.

Do I appeal against the first letter, or the second letter? It seems the second one was just a rewrite of the first, removing all mentions of dizziness of falling in order not to award me middle rate care.

I'm aware that I might lose both my lower rate care and mobility by appealing, but I need the extra help. There are so many things I am unable to do for myself.

Hi Thumbelina

I note you say you have read through the members documents, may I draw your attention to the B&W guides here -


How to submit an appeal

Is there any risk to challenging a decision?

Regards

Michael

Thanks all for your advice. Appeal done.

It is obvious from the disability handbook in the members section of this site that they do no understand my medical condition, so I've added in documents given to me from the hospital to supplement the appeal paperwork at this stage, but still asked for an oral tribunal to explain it all.

I'd cross my fingers if I was able to.

Hi Thumbelina

You should be careful of relying on medical conditions on their own, regards claim to DLA. Its the help thats needed from someone else, (the needs arising) that may lead to a component of DLA award.

Decision makers are not experts in medical conditions and may use the Disabilty Handbook, in respect to your medical condition or the newer A-Z of Medical Conditions.

The tribunal will have a medical doctor on the panel, should your claim go to appeal, who should be conversant with medical conditions and will ask you how these affect you. The Judge, will be conversant with the law and there may be a lay member.

Hope this helps

Michael