Reconsideration taking longer than 11 weeks

Hi

I was receiving High Rate Mobility and Middle rate care up until Sept 2011 and my renewal came back as Low Rate care only with no mobility, despite having huge mobility probs.

My double leg op 2 years ago was then complicated by a car accident 3 months after the op which has left me with no chance of recovery in one leg.. cannot get upstairs so have bed and commode in dining room etc.

I put in for a reconsideration immediately. I had already submitted 3 lengthy medical reports for the original decision, that all said I could only walk with crutches, could not get upstairs etc and am suufering major depression following the accident.

I received a letter from the DWP saying they had contacted my consultant ( I had already submitted a report from him which explained everything at length!) and the 11 weeks since I put in for the reconsideration were up last Friday. I called the DWP and they said they were still waiting for the consultants letter.

How much longer after the 11 weeks do they have to make a decision? I presumed they had a time limit on making the reconsideration of 11 weeks, but have been told they can take as long as they like. Is this true? I am distraught as I am on a reduced income of nearly £400 DLA per month to £78 and this is affecting paying my bills on time badly!

Any advice would be much appreciated thank you.

Ladymadonna

Regards DLA, It isn't the medical condition alone, but the help that is required from someone else, (needs arising) that may lead to you qualifying for a component.

You need to explain what help you need and how often. Has this help been needed for 3 months prior to your claim and is it likely to be needed for another 6 months, (the forwards & backwards test).

Whilst your consultants letter may explain your medical and even mental health condition, its unlikely it will explain how your needs arise.

As you have set out the problems you are encountering above, you can write to the DLA unit in Blackpool and explain the help needed to go upstairs, use a commode, how your depession affects you and so on.

The Decsion Maker can not be expeced to second guess this, which is why the DLA forms are long and repetative, you need to explain it fully.

May I suggest that you read the B&W guides to claiming DLA, which will help you with your reconsideration. If your reconsideration is turned down you can appeal. From the above I'm not sure if you did this, when you asked for reconsideration.

Please see -

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

Michael

I am coming up tp 14 weeks for reconsideration/send appeal on to tribunal for ESA and I too would be interested to hear if there is or isn't a time limit on reconsideration?
linda

lindaturner wrote:

I am coming up tp 14 weeks for reconsideration/send appeal on to tribunal for ESA and I too would be interested to hear if there is or isn't a time limit on reconsideration?
linda

Hi Linda

The OP was concerning DLA, not ESA. Regards ESA Please see -

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

Employment ans Support Allowance appeals guide.

Michael

I have followed every advice given on this site in the leaflets and advice section and filled in my DLA renewal accordingly.. my consultants report will be duplicated I think now it is being reconsidered as it was the latest available when I submitted it originally.

Does anyone know if the DWP have a set time limit to respond to a reconsideration for DLA?

I thought it was 11 weeks, but obviously now my 11 weeks since my reconsideration was accepted is past, and 13 weeks since I received the original low rate care decision, I was wondering how long the DWP have to come to a decision regarding the reconsideration? Surely there is a timescale?

ladymadonna wrote:

I have followed every advice given on this site in the leaflets and advice section and filled in my DLA renewal accordingly.. my consultants report will be duplicated I think now it is being reconsidered as it was the latest available when I submitted it originally.

Does anyone know if the DWP have a set time limit to respond to a reconsideration for DLA?

I thought it was 11 weeks, but obviously now my 11 weeks since my reconsideration was accepted is past, and 13 weeks since I received the original low rate care decision, I was wondering how long the DWP have to come to a decision regarding the reconsideration? Surely there is a timescale?

Hi

12 weeks is not unheard of. Theres no reason why you shouldnt phone the DLA unit in Blackpool 08457 123456 and ask how much longer your reconsideration will take. Its unlikely however that they will give you a decision over the phone.

If the decision is unchanged it is normally sent to appeal. If you followed the B&W guides, on DLA appeals & reconsiderations you will have asked for this to happen in any case.

Regards

Michael