DLA Award Reduced

Indie_Kid

GlasweJen wrote: »

Yep, I agree that it's all to do with how the decision makers see the awards, my BIL was told that normal amputees get used to losing their limb but clearly the DM didn't know much about bad skin grafts.

And there's only so much adapting someone can do. I've got completely different issues and have had them since I was at least 5 months old - there are some things I will always struggle with.

GlasweJen

You can't appeal against a tribunal unless they make an error in law which they didn't do.

davsidipp

yes i know as my partner won at upper tribunial when his dla was stopped for 2 years on point of law.its funny that dla gave him back hrm and hrc at the same time.i feel that the real people who deserve dla are sometimes the ones who dont recieve it.

MECFS_2

I've now seen a solicitor who is going to write out to my consultants for more evidence and we are going to go for a reconsideration. Also have a letter from my Support Worker. Fingers crossed.

Sam4u_2

I also received HRM and LRC, but after the renewal claim they took away
the care component. I appealed against the decision, in the meantime I was also diagnosed with ME, they then arranged a medical. I have to say, the Atos Doc was absolute fantastic, friendly and professional. 2 weeks later I received the result....HRM indefinitely and HRC for 2 years.

Sam

MECFS_2

Sam4u wrote: »

I also received HRM and LRC, but after the renewal claim they took away
the care component. I appealed against the decision, in the meantime I was also diagnosed with ME, they then arranged a medical. I have to say, the Atos Doc was absolute fantastic, friendly and professional. 2 weeks later I received the result....HRM indefinitely and HRC for 2 years.

Sam

Its good to hear some encoraging news like that. If it wasn't for the Atos Doc I saw I probably wouldn't have received anything - my GP filled in his reprot in about 20 seconds providing virtually no information.

sunnyone

Sam4u wrote: »

I also received HRM and LRC, but after the renewal claim they took away
the care component. I appealed against the decision, in the meantime I was also diagnosed with ME, they then arranged a medical. I have to say, the Atos Doc was absolute fantastic, friendly and professional. 2 weeks later I received the result....HRM indefinitely and HRC for 2 years.

Sam

I was told that they cant do split awards, the system cant do it and each award is for a fixed period or indefinate and you cant choose to have one part looked at either in a superssesion, again thats not the way it works.

MECFS_2

You can accept one part of the decision, in my case the HRM and ask to have the other looked at, in my case LRC - but you're right they have the power to look at both again. This is why when I submit the reconsideration not only am I evidencing the LRC in order for it to be increased but also the HRM again in order to avoid them reducing it.

nickyt

I do hope you have been given the right advice as others have stated on here, I was also told they can not and will not look at one part of the award if you ask for it to be looked at again the whole award is reconsidered. The system will not allow them to only look at one part as DLA has both mobility and care componets as a whole, they just decide what your given for either part. This means that you can lose some of either, have it stay the same or have some of it highered. But the whole award needs to be taken into account. I also know of people who have wanted part of their award looking at, but after asking had both parts reconsidered and they were worse of. Please make sure you have the correct information before going ahead.

MECFS_2

I understand they'll look at the whole award again. In terms of the risk to my HRM their own doctor at Atos has put in the medical report that I can walk less than 50 metres at a very slow pace so hopefully that would be enough to protect the HRM on reconsideration. It is a gamble though like you say..