DLA decision 'NO' how to appeal??

cleomolly

I have read other threads on this but can't find one suitable to my situation so hoped someone could give me some advice. I have received my decision, which is that I am not entitled to any components of DLA and want to appeal that decision. I have called my local CAB who are shut this week due to staff shortages!! So have called 'Sheffield Advice Link' who told me to call DWP and ask them to review their decision. So I have juts done this and also called my GP to request a copy of the letter they sent back to DWP relating to my claim. DWP say I have got a month to get any more information in to them, so my question is what can I do, or send in to help me with my claim? its the mobility component that i want to appeal more than the care component as my care needs are pretty minimal and i have alot of help from my partner with care needs, but mobility i have great difficulty with.Any advice would be great : ) thanks

somebody_else

First you need to wait 'til they've reviewed their decision - they might change their minds.

Assuming their decision remains the same, you need to write to them and say you wish to appeal the decision - you should then be sent a copy of your claim form plus any paperwork from their end relating to the decision. Go through that very carefully. Pick up on anything they have written that isn't accurate. [In my case the doctor 'misrepresented' how far I could walk without pain - she wrote down well in excess of 100yrds, when she didn't see me walk 45 yrds in total. They also decided to interpret 'too tired to eat' as 'can't be bothered to eat'. There were numerous other things that had been turned round to mean something completely different to what I'd said. That's the sort of thing you're looking for.]

Once you've been through the paperwork, and if you've got any other supporting evidence send it off again (there will be a time limit to all this - if you can't get something in the time required, add a note to say that x will follow as soon as you've got it). Chances are you will be turned down again - you must be prepared to go to Tribunal, and attend in person. As I understand it, a significant proportion of decisions are overturned at that point.

I don't know it they still do it, but when I made my first claim I was led to believe that I'd have to travel to Cardiff for the Tribunal. This is not the case! Tribunals are held all over the UK - insist on the one nearest to you.

I hope that's helped a bit - any other questions you think I might be able to help with, just yell. and good luck.

munchings-n-crunchings

Hello,
If you have asked for the DWP to review their decision, a different decision maker will have another look at your claim.
Wait for the decision.

Use this time to contact anyone else who deals in your care, GP, Consultant, Therapist or Social Worker. Ask for a report into how your disability affects your care and mobility, and keep these in case you need to go to appeal tribunal.
If you do go to tribunal, it's far better to go in person, and give the panel chance to see you, and how you and how you are affected, and let them ask questions to determine the correct level of DLA.

Have a look to see if you have a branch of DIAL in your area. They are a disability information organisation, who can help with your claim.
http://www.dialuk.info

There is also the Welfare Rights service, part of your county council. They can help with any appeal, and can attend the tribunal with you if necessary.

Get some advice, and take it from there

Good luck
Munchie

cleomolly

thank you for that. I have just written to my GP to ask if she will support me further. also I will get in touch wth DIAL, Should I write to DWP stating my reasons for not accepting their conclusion or not?

munchings-n-crunchings

Hello Rebecca,

Here's a link to the benefits now website, as they have some useful information on the appeals process.
http:///www.benefitsnow.co.uk/appeal/revision.asp

I think you first need to clarify with the DWP if you have a month to get further information into them, and then the claim will be reviewed, or if the claim will be looked at before the month's end.

I know when I requested a review for my son, they asked lots of questions on the phone, and the review process seemed to be quite quick..although he was still turned down.

The Benefits now website suggests you ask for a 'Statement of Reasons'. You will then know why you have been turned down, and where you need to go from there.

I do suggest you put it all in writing, even though you have verbally requested the review.
Say why you believe the decision is wrong, and say what you believe you should be entitled to and why.
As it is the mobility component you think you are particularly entitled to, here are 2 links that give explanations. They look complicated, but just take the key points.
http://www.benefitsnow.co.uk/dmakers/mobilitycomponent.asp
http://www.benefitsnow.co.uk/dmakers/virtuallyunable.asp

If you give folks an idea of your mobility problems, they will give you an idea if you are on the right track,

Regards
Munchie

cleomolly

Hi, thanks again. I have called DWP and they say I have a month in which to submit any more evidence in support of my claim before the decision will be reviewed. I will have a look at the links and information you have all given. thanks again.

windmillbubs

hi
I applied for dla in june last year and i had dr visit me, then it was turned down, then i appealed and they looked again and it was still turned down so we had to go to tribunal, on 9th feb this year!! it was very stressful, i have to be honest, but we had a chap from social services there to help me and my partner (so maybe try phoning social services in your area and see if they can help - i have a social case worker so think that 'helps' but again, only got her through calling social services and asking for some help.
Get ALL the evidence you possibly can - i had one wonderful letter from the pain clinic dr and a few ok letters, as my dr was not very supportive or helpful regarding dla.

I also had the help of a fantastic website:
www.benefitsandwork.co.uk

it costs £16 ish to have access to their resources for a year but the information is superb, as is the support you receive.

Good luck!

My appeal was successful, with all 3 people granting low rate mobility and medium care, which was the main thing as my fiance has had to leave work to look after me and now we can claim carers allowence.

Also the 37 weeks of backpayment that im due has put a little smile on my face and i can't wait to have a bit extra money to make my life easier!

Good luck and keep going, even when you're in a complete mess. The statistic that kept me strong was that 70% of appeals attended in person (by yourself) are successful xx:j

cleomolly

Just to keep this post updated, I decided not to get any help from anyone and have spent hours researching all sorts. I completed a very long letter to the DWP and posted it to them with a letter of support from ym GP, I got a letter yesterday to say that they are re assessing my claim and will let you know what happens from there.Thanks for all yur helo guys.

jaxw17

Good luck with it let us know how you go on

cleomolly

UPDATE I have today received a letter saying that "we have looked again at the facts and evidence we used to make our decision and any points you have raised. however, we have not changed our decision. what happens next - you appeal will now be sent to the tribunals service where an indepoendant appeal tribunal will look at the decision again. we will write to you again shortly with more information about what happens next"so what does this actually mean? will a tribunal be arranged for me to attend and provide extra evidence or will the case just be looked at independantly and assessed again? I'm a little confussed now.

purplecatlover

i would suggest you try dial or cab again. or join benefits and work and read their advice pages and guides which are well worth the membership fee.