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DLA care component reduced at renewal

  • burmagirl
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12 years 8 months ago - 12 years 8 months ago #86313 by burmagirl
DLA care component reduced at renewal was created by burmagirl
My DLA has recently been renewed and awarded indefinitely. However, although my conditions have not improved (& in fact I have recently been diagnosed with osteoporosis as well), the care component of my award has been reduced from middle to the lower rate. I am still in receipt of HRM.

I called the DWP and discussed the result and pointed out that I still have the same problems with the stairs and other issues.

Eventually I received a letter from the DWP saying that I had still been awarded the lower rate of care. There was nothing in the letter to indicate that they had taken the issues we discussed into account - I think with hindsight I should have written to them rather than phoned.

I shall dispute the decision again but I thought I remembered seeing something in the archives saying that you can ask the DWP to explain why they have lowered an award, if your condition remains unchanged. I can't find this information now, so have I imagined it?

thanks for any input?
Last edit: 12 years 8 months ago by slugsta.

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12 years 8 months ago #86318 by Gordon
Replied by Gordon on topic Re:DLA care component reduced at renewal
BG

You are entitled to request a written Statement of Reasons from the Decision Maker. You should be able to request this over the phone but I would confirm the request in writing.

If you intend to appeal the Decision you would normally have one month from the date of the Decision letter, however, requesting a SoR should extend the period by a further two weeks from the date on the SoR.

Please have a look at the following FAQs

Is there any risk to challenging a decision?

How to submit an appeal

Gordon

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  • burmagirl
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12 years 8 months ago #86452 by burmagirl
Replied by burmagirl on topic Re:DLA care component reduced at renewal
Thank you Gordon. Do I still have to request this written statement via the same form, even if I write again to dispute the care allowance, rather than requesting an appeal? Given the length of time involved and the fact that they have not questioned the mobility allowance - really, the whole thing is very contradictory - I would prefer not to go for a tribunal/appeal.

I am sure that I gave the same information as I did 2 years ago, and I have, during that period, been diagnosed with a further medical problem so my condition has definitely not improved. All my problems have been diagnosed via tests so no assumptions.

One of my major concerns is that when my DLA was first awarded 2 years ago, the DWP got confirmation from my doctor, who supported my information; this time they haven't asked for any confirmation. Unfortunately I discovered a few weeks ago that my doctor has left the practice. I have been with the practice 4 years and have never seen any of the other doctors.

The practice is hugely busy due to the closure of the only other practice in the town (unsafe premises) and I have been unable to get an appt with either of the partners within the timeframe I need.

I have an 10 minute appt tomorrow with a locum, which is all I could get. I have two hospital appointments, this coming Thursday and in 2 months' time. This week's appt will be my first meeting with this consultant and is really an attempt to see if he can help with some of my problems - any meaningful results are unlikely in the short term so I don't think he will be able to help with any claim.

We are struggling terribly to keep ends meet, even without a reduction in DLA. Having run a company for many years I would like to think I could cope with this but my confidence is at an all time low and my medical conditions mean I am constantly exhausted; I really have simply no idea how to proceed.

TIA

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12 years 8 months ago #86454 by Gordon
Replied by Gordon on topic Re:DLA care component reduced at renewal
burmagirl

Based on your previous post(s), you appear to have already requested a Reconsideration, even though you may not have realised it, or intended to do so. On this basis, I would expect your only re-course to be, to now appeal the Decision.

You shouldn't need to fill in a form to request a Statement of Reasons, a phone call followed up by a letter should be sufficient.

The difficulty with DLA renewals is that they need to be traeated as a new cl;aim, but many claimants find that they have been "parked" by the NHS and therefore lack up to date medical evidence. Is it reasonable to assert that your condition(s) are not liable to improvement, or indeed that would be expected to deteriorate over time? If this is the case it may allow you to utilise older reports.

Can I refer you again to the links I included in my previous post.

Gordon

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  • burmagirl
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12 years 8 months ago #86485 by burmagirl
Replied by burmagirl on topic Re:DLA care component reduced at renewal
Hello Gordon

I have thought back over my conversation with the DWP and I do think she said I could write to them again if I was unhappy with the decision. Had I not thought this was the case I don't think I would have wanted to rely on going over it on the phone, especially as she did try to rush me from the outset.

As I said previously, the first time around they did write to my doctor, who wrote back confirming everything, but there were no reports; all my disabilities were diagnosed via tests which I documented on the form, and no reports were asked for. They won't go away and - although the first award was for 2 years (in case new treatments became available), treatment for these conditions is standard and the same as it has been for many years. I assume that as they have now made an indefinite award they do now accept that I won't improve, and I have to also assume they were aware that there was confirmation from my doctor the first time around. I gave all the information on the recent claim form that I gave on the original - in some cases these diagnoses go back over 20 years!

The locum was running very late today so all I managed to do was get her to give me a form for a blood test!

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12 years 8 months ago #86489 by Gordon
Replied by Gordon on topic Re:DLA care component reduced at renewal
BG

My reason for saying that I think a Reconsideration has already occurred is that in your first post you state "Eventually I received a letter from the DWP saying that I had still been awarded the lower rate of care".

If you appeal, the DWP are still required to carry out a Reconsideration, even though they may have already done one, so there is no advantage to requesting a Reconsideration on its own as you can always withdraw an appeal at a later date.

Good luck

Gordon

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