DLA Award Reduced

Sam4u_2

When I ask to look again into my claim, I only asked that they consider the care component. The Atos Doc was almost 2 hours with us and he looked at the whole picture.

Sam

MECFS_2

I have seen posted on this forum not to bother with reconsiderations as less than 10% are succesful. However having had a look on this site:
http://www.publications.parliament.uk/pa/cm200910/cmselect/cmworpen/313/31306.htm

It says 51% of all reconsiderations for DLA in 2008-9 found in favour of the claimant.

Invasion

Go straight for an appeal, they'll do a reconsideration before the appeal anyway, and it shows them that you're going to go all the way for it.

MECFS_2

They are aware I will got to appeal if the reconsideration isn't succesful. I'm gathering some strong evidence together so hopefully that will do the trick at the reconsideration stage. I know if I fail and ask for an appeal they will reconsider the decision again before appeal. I think this shows that they prefer to avoid appeal - according to a parlimentary white paper if many cases go to appeal and win it indicates the decision making process is flawed.

josbrown

A positive outcome is possible! My first DLA claim and reconsideration turned down. I appealed, DWP "lost" my files for 6 months and made lots of errors, so appeal took 16 months to tribunal. I won hrm and mrc. CAB were a great help, they said DWP were under instructions to fail 60% of new applications. At renewal I was turned down, but reinstated on reconsideration. I know the stress and the systems are dreadful, but believe in your rights and don't give up. It worked for me.

Invasion

Should have said, though it wasn't a renewal, my initial application was turned down, got nothing, told them I wanted to appeal, gave m reaosns, and got LRM, LRC on reconsideration, told them again I was going to appeal (entitled to HRM) and after evidence from my OT I got HRM LRC, before reading this thread I was thinking about going for a review to try and get MRC (my award's up in Nov. anyway, and will have to renew) but I'm scared of losing whole award now..!

joyciebird

josbrown wrote: »

A positive outcome is possible! My first DLA claim and reconsideration turned down. I appealed, DWP "lost" my files for 6 months and made lots of errors, so appeal took 16 months to tribunal. I won hrm and mrc. CAB were a great help, they said DWP were under instructions to fail 60% of new applications. At renewal I was turned down, but reinstated on reconsideration. I know the stress and the systems are dreadful, but believe in your rights and don't give up. It worked for me.

No, DWP are not instructed to fail any percentage of new applications, You have been misinformed

Aputsiaq

Think very carefully about your appeal before you go ahead with it as you might end up with the mobility part reduced as well.

julesjiggles

Hi, hubby is disabled and we had HRM and MRC when we reapplied he was awarded HRM and his care claim was denied. We appealed and he was still refused his care claim. The decision went to the tribunal who awarded him LRC which was still wrong so we appealed to the commissioners who said that the DLA were wrong to dismiss his claim with no change in his circumstances and sent it back to appeal adding that he believed he was entitled to HRC. We attended the 2nd tribunal and HRM and HRC were awarded for the maximum time allowed which was 6 years.

I have CFS/Fibromyalgia and have just had my claim for HRM stopped and a new claim for care denied. I'm just working on my appeal now and waiting for an updated GP report. I didn't bother asking them to look at my claim again, waste of time in my opinion, and I'm looking forward to attending the tribunal if they deny my appeal.

I managed to get hubby the HRC without any help so I might as well give it a shot for myself. It's not easy, don't get me wrong but I have a month to work out what I want to say and I work on it a little every day.

MECFS_2

julesjiggles wrote: »

Hi, hubby is disabled and we had HRM and MRC when we reapplied he was awarded HRM and his care claim was denied. We appealed and he was still refused his care claim. The decision went to the tribunal who awarded him LRC which was still wrong so we appealed to the commissioners who said that the DLA were wrong to dismiss his claim with no change in his circumstances and sent it back to appeal adding that he believed he was entitled to HRC. We attended the 2nd tribunal and HRM and HRC were awarded for the maximum time allowed which was 6 years.

I have CFS/Fibromyalgia and have just had my claim for HRM stopped and a new claim for care denied. I'm just working on my appeal now and waiting for an updated GP report. I didn't bother asking them to look at my claim again, waste of time in my opinion, and I'm looking forward to attending the tribunal if they deny my appeal.

I managed to get hubby the HRC without any help so I might as well give it a shot for myself. It's not easy, don't get me wrong but I have a month to work out what I want to say and I work on it a little every day.

I went for appeal in the end as they reconsider the decision prior to appeal anyway. Saves on duplicating paperwork. I'm just waiting on replies from consultants and GP for more evidence. I have written the appeal letter myself basically breaking down the evidence they used, reinterprating it in my favour and providing more evidence to back my case up. There's a lot of work involved. Good luck with your case.