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DLA dm further response
- carole
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12 years 9 months ago #84833 by carole
DLA dm further response was created by carole
Hi..
Just received brown envelope from tribunal service.My appeal is on 2/5/12 so thought it could be them saying I had no need to attend due to good reconsideration ..No luck there as it was stating
"for the reasons detailed within sections 5/6 of the appeal submission it is submitted that at the time the decision was made Miss M..... did not satisfy the criteria for an award of DLA it should be noted that any changes after the decision was made can not be taken into account. the further evidence has been considered but does not effect the decision under appeal/ (effect) not affect is this a usual response and what does it mean???? have they dismissed my evidence? as at the time i filled in my claim I was very ill ,homless had no advice but all that has changed is my housing needs I am in a disabled flat I have been granted blue badge my condition has not changed? I just got evidence to them that I could not back then..
Just received brown envelope from tribunal service.My appeal is on 2/5/12 so thought it could be them saying I had no need to attend due to good reconsideration ..No luck there as it was stating
"for the reasons detailed within sections 5/6 of the appeal submission it is submitted that at the time the decision was made Miss M..... did not satisfy the criteria for an award of DLA it should be noted that any changes after the decision was made can not be taken into account. the further evidence has been considered but does not effect the decision under appeal/ (effect) not affect is this a usual response and what does it mean???? have they dismissed my evidence? as at the time i filled in my claim I was very ill ,homless had no advice but all that has changed is my housing needs I am in a disabled flat I have been granted blue badge my condition has not changed? I just got evidence to them that I could not back then..
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- Gordon
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12 years 9 months ago #84838 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA dm further response
Carole
It sounds like your evidence did not make it clear that it pertained to time of your original assessment.
The Reconsideration and appeal can only review evidence that relates to your condition as it was when you were originally assessed. The problem with new evidence is that the doctor will often talk about your condition at the time they saw you without making it clear that you would have been similarly affected before this date.
Unfortunately, you run the risk of this being the case at your Tribunal hearing as well, so you need to find a way of connecting this new evidence to your original assessment.
Is there anyway that you can get access to your doctors again for them to right an additional letter confirming that your condition would have been the same when you were assessed.
I hope this explains it. Good luck.
Gordon
It sounds like your evidence did not make it clear that it pertained to time of your original assessment.
The Reconsideration and appeal can only review evidence that relates to your condition as it was when you were originally assessed. The problem with new evidence is that the doctor will often talk about your condition at the time they saw you without making it clear that you would have been similarly affected before this date.
Unfortunately, you run the risk of this being the case at your Tribunal hearing as well, so you need to find a way of connecting this new evidence to your original assessment.
Is there anyway that you can get access to your doctors again for them to right an additional letter confirming that your condition would have been the same when you were assessed.
I hope this explains it. Good luck.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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