Appealing DLA

Chippychap

Can't disagree with you on that.
As an aside, if my appeal is turned down can I appeal THAT decision or will it need a new claim?
At the mo' if I win the appeal I get all the back benefits.

dmg24

Chippychap wrote: »

Can't disagree with you on that.
As an aside, if my appeal is turned down can I appeal THAT decision or will it need a new claim?
At the mo' if I win the appeal I get all the back benefits.

You can appeal on a point of law only. If not, you would need to make a new application.

Oldernotwiser

GaryMartinHarrison wrote: »

The family in question as been in touch with us for sometime, as the child attended our ASD unit, so I feel we can help in terms of adding relevant information. Plus the family as requested our help .... Oldernotwiser I will take your advise onboard and recommend other agenices to avoid 'disservice'.

I can see that I've annoyed you and I apologise for that.

However, you seem to be missing the point. A DLA appeal is quite a specialised procedure and I can't see how your organisation can help these people if you think that the way to go about it is by means of a template letter. You yourself admit that you're no expert in DLA appeals which is why people are suggesting that you pass your clients on to an organisation that is.

Don't take offence where none is intended.

GaryMartinHarrison

I'm not offend ....
I have co-workers that have appealed for themselves and other people, unfortunately they are off long term sick and I can only ring them for advice at the moment. However, I take your advice seriously and will suggest other organisations (like DIAL) to this person in question. I was just trying to avoid passing the book, so too say, as the person in question as worked with us in the past.

davsidipp

dmg24 wrote: »

You can appeal on a point of law only. If not, you would need to make a new application.

sorry to go off subject but ive just won a scond tier appeal what happens next thanks.

TheTARDIS

GaryMartinHarrison wrote: »

I'm not offend ....
I have co-workers that have appealed for themselves and other people, unfortunately they are off long term sick and I can only ring them for advice at the moment. However, I take your advice seriously and will suggest other organisations (like DIAL) to this person in question. I was just trying to avoid passing the book, so too say, as the person in question as worked with us in the past.

Yes.
The decision given was from what's called First Tier Tribunal.
If you appeal that decision (based on a point of law), it will be re-considered for the attention of a judge and forwarded to the Upper Tribunal for attention.

If you would be appealing for other reasons not based on 'point of law'
Examples being....
Client and/or his representative not able to attend at tribunal.
Paperwork and evidence relating to the appeal missing/not received or some other procedural irregularity regarding an appeal - There are other options available to you.

TheTARDIS

Oldernotwiser wrote: »

In this case, you should be signposting your clients to an organisation that does have this expertise, rather than attempting to do this yourself.

I appreciate that I seem to be unhelpful but you'll be doing your clients a great disservice if you attempt to do this without the appropriate knowledge and expertise. Knowing your limitations is a vital skill for anybody offering advice and/or information.

You may have a username as OLDER....

Your advice certainly don't sound WISER?

dmg24

davsidipp wrote: »

sorry to go off subject but ive just won a scond tier appeal what happens next thanks.

If you have won your appeal you should receive your backdated payments shortly (anything from five working days to a month).

dmg24

kazzah60, you need to remove your email address from your post, they are not allowed on MSE. Perhaps you could speak to the OP via PM?

GlasweJen

You shouldn't be handling a DLA appeal on your own the first few times round, what will you do if your client ends up at a tribunal? No offence but you sound totally clueless, do you even have a copy of the appeal form to hand? I know you don't need one but i wouldn't attempt to write a letter of appeal without the form when you have never done this before. You should refer this family onto someone else, you'd feel awful if they lost the appeal based on something you did.