New on here and a bit confused re DLA reconsider

Hi,
I got some really good pointers from this site when filling out my DLA form however I have been refused both mobility and care awards.
When I rang the DLA meaning to appeal, they said I could ask for them to "reconsider" the award first which I thought was a good idea but after reading an article it suggested it was best to go to appeal straight away because the rate of success from asking them to reconsider is so low.
There are a number of things that they consider reasons why I shouldn't be awarded DLA mainly revolving around the fact that while I have difficulty with things (constantly)I am not virtually unable to do A, B or C. I have problems both mentally and physically. Does anyone know of any guides that will help me with getting across why their reasons are invalid? I read somewhere that using your worst day scenario can be the worst thing you could use to fill the form out. Sorry if I sound a bit confusing, I suffer from Chronic Regional Pain Syndrome which has similar effects like fybromyalgia like brain fog and tiredness and pain and its hard to concentrate very well.
Any advice will be hugely welcome.
Thanks in advance.

aktion49 wrote:

Hi,
I got some really good pointers from this site when filling out my DLA form however I have been refused both mobility and care awards.
When I rang the DLA meaning to appeal, they said I could ask for them to "reconsider" the award first which I thought was a good idea but after reading an article it suggested it was best to go to appeal straight away because the rate of success from asking them to reconsider is so low.
There are a number of things that they consider reasons why I shouldn't be awarded DLA mainly revolving around the fact that while I have difficulty with things (constantly)I am not virtually unable to do A, B or C. I have problems both mentally and physically. Does anyone know of any guides that will help me with getting across why their reasons are invalid? I read somewhere that using your worst day scenario can be the worst thing you could use to fill the form out. Sorry if I sound a bit confusing, I suffer from Chronic Regional Pain Syndrome which has similar effects like fybromyalgia like brain fog and tiredness and pain and its hard to concentrate very well.
Any advice will be hugely welcome.
Thanks in advance.

Hi A49,

As you are new, you may wish to read :

Welcome to Benefits and Work

There are also useful links on DLA and Appeals available in our FAQ's in the Spotlight Area, above the Forum, here :

FAQ’s

You can access all our DLA Guides in the Members Only section from here :

DLA Guides

Also see below a useful link to the DA on DLA :

www.disabilityalliance.org/f23.htm

And a link to the Disability Handbook, here :

www.dwp.gov.uk/docs/dla.pdf

See this document also that covers Care & Mobility :

www.dwp.gov.uk/docs/dmgch61.pdf

Hope this helps.

bro58

thanks for these

aktion49 wrote:

thanks for these

Hi A49,

I should have added that a claimant can just request a reconsideration, but will then have to submit an appeal seperatly, if the decision is not changed.

Whereas, if an appeal is submitted at the start, an automatic reconsideration takes place anyway, if the decision is not changed then, the appeal is sent forward to the Tribunals Service.

So the latter only involves one action by the claimant, rather than the two of the former.

bro58

Just a brief personal comment to add what bro58 has stated and provided good links.

From my experience as both a retired Welfare Rights Officer & and retired DLA Tribunal Member, unless you have new information to add to your refused DLA claim, in my opinion asking for a 'reconsideration' which is not actually mentioned in any legislation on DLA, it's a word dreamed up by DWP Decision Makers for a review, then
requesting a 'reconsideration' is a total waste of time. A request for 'reconsideration'
will be treated just as that, and if it fails and the claimant wants to follow it up, then they must lodge an appeal on form GL24 preferably, although a letter asking for an appeal must be treated as such.

In other words an initial request for a 'reconsideration' which fails will not be passed to the Tribunals Service as an appeal; the onus is on the claimant to request an appeal.

When an appeal is requested, then before it is passed to the Tribunals Service to action, it is automatically 'reconsidered' by a more Senior Decision Maker (DM). However, an initial request for 'reconsideration' which fails and the claimant decides to lodge a formal appeal, then the 'reconsideration' cannot be carried out by the DM who adjudicated on the original 'reconsideration'

Hope this explains the procedures that DM's have to follow.