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Redfused DLA (reconsider or straight to appeal)

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13 years 1 month ago #76368 by Bobajob
Having been turned down flat for DLA is it best to ask them to reconsider first or go straight to appeal and is it wise to get a copy of the letter my GP sent them as well as the ATOS form the doc (so called) filled in?

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  • Survivor
13 years 1 month ago #76369 by Survivor
If you appeal, the decision will be reconsidered anyway and you can always withdraw your appeal, so we generally recommend going straight to appeal unless you have some personal reason for not wanting to.

I would recommend getting as much information as you can to understand how the decision was made and to support your case, but don't delay initiating the appeal while you get it all - you've only got one month from the date of the decision. You can make an appeal now with basic information and send in further evidence later.

See our guide to appealing for help with wording your initial appeal.

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13 years 1 month ago #76370 by Gordon
Bobajob wrote:

Having been turned down flat for DLA is it best to ask them to reconsider first or go straight to appeal and is it wise to get a copy of the letter my GP sent them as well as the ATOS form the doc (so called) filled in?

The choice is discussed in the DLA Appeal guide on the following link.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

You should also have a look the following FAQs

DLA Medical – What forms to ask for?

How long do I have to appeal?

How to submit an appeal

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 1 month ago #76444 by Bobajob
Thanks for the replies Survivor and Gordon Given the amount of time it can take for appeals i'm going to ask for it to be reconsidered first.

I have rang them today and asked for all documents to be sent to me and she said it could take up to 2 weeks and therefore 2 extra weeks are being added to my time to ask to a review this takes me up to 14th Jan but given royal maila re loosing so much post right now i'll have to send it special del to be safe, now is it best to just send a letter NOW saying i'm going to ask for a review or should i fill in GL24 and send it now but bear in mind i'll have none of the documents just yet or should i wait until I get there paperwork here before i mail in my GL24, i suspect the latter one is the best but just want to run it past you guys first.

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  • millymoo
13 years 1 month ago #76449 by millymoo
Hi Bobajob

As Survivor has already said if you appeal now sending back your GL24 your case will automatically be looked at again!! Its up to you but if i were in your position i would appeal straight away to avoid having to wait even longer for a date for a tribunal as it could be many months before your case comes to tribunal and if they change the decision at review you havnt lost anything.

Good luck
Mm :) xx

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 1 month ago - 13 years 1 month ago #76458 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:Redfused DLA (reconsider or straight to appeal)
Hi,

Based on my experience, my advice would be to appeal rather than ask for a reconsideration. Before I retired as a WRO, I represented thousands of DLA claimants and always went straight for appeal with a high success rate.

As others have stated, if you submit an appeal form (GL24) your claim is automatically reconsidered' by a more senior Decision Maker before it is sent to the Tribunals Service (TS). If you just ask for a 'reconsideration' then that's all the Decision Maker will do, i.e. look at your case again. You have about a 15% chance that the DM will change the decision in your favour. However, if the 'reconsideration'' fails, then if you then decide to appeal, your appeal will be 'reconsidered' once again, before it is sent to TS to action.

From my experience, 'reconsideration' in the majority of cases just wastes time, causing further delay, at least by 4-6 weeks, often more.

Currently DLA appeals have a 45 to 55% success rate, depending upon your locality.

Also, submitting an appeal will show the DM that you mean business, and your case file and the decision will be looked at more thoroughly.

However, the final decision can only be yours. If you decide to go straight for an appeal, here's the link for GL24

Good luck.

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
Last edit: 13 years 1 month ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected typo

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