dla long story

pac100575

10 yearts ago i was put in prison and my dla claim was suspended upon my release they downgraded my care rate to low rate and to cut long story short they sent letters to addresses where i wasnt but i didnt get to appeal now i know i should have noticed but i didnt any way i noticed and tried to enquire how this can happen to not get very far with and is in the middle of filling in forms to have me reasesd , but looking about i found a case law which states

life awards
CDLA/1930/2004 states that imprisonment does not cancel a life award. If imprisonment was the only reason for the suspension of benefit the award should be reinstated on release without the need for a fresh claim or a medical assessment.

now my question is they didnt do this in my case so as i see it they broke there own case law by not doing the above ,how do i go about telling them this and making them understand .as the people i get on the phone just dont seem to want to help and is not intersted in giving me any advice at all how i go about putting this to an appeals board or do i have to go see a solictor to contest it any help gratefully recieved and yes i do know i should have noticed but ive been on pain killers for donkey years and i didnt notice it as i see it when i was released from prison they reassed me which they didnt need to do

chelleybelley

but they can look at indefinate/life awards from time to time and reasses it as they state in their letters, i would seek advice from CAB or DIAL as u have posted this or a similar post before and had adequate advice from those posts??

ramsas

The only way I can see them having a reason for reducing your award is the fact that you committed a crime that put you in prison...maybe in their eyes they saw it has evidence that you do not warrant middle/ higher rate of care..just a thought..

chelleybelley

ramsas wrote: »

The only way I can see them having a reason for reducing your award is the fact that you committed a crime that put you in prison...maybe in their eyes they saw it has evidence that you do not warrant middle/ higher rate of care..just a thought..

yes i agree too

pac100575

they said they reassed me because of new evidence i asked whaat that was and they say leaving prison was a change in circumstanses but the letter telling me was sent to where i wasnt and they knew i wasnt there
so i didnt know till last month when i noticed the awards had changed

yes i have posted before but that was b4 i came accross the above law study thing which points me to believe they have wrongly lowered the rate , the moneys not the issue it the fact i have had to argue with them on the phone to find out why this was done wrongly and i wasnt asked to fill in any forms at the time about my disability

i dont know if its worth the hassle really

im trying to sort out war disablement pension as well but they are a joy to speak to they ring u back when they say the forms arrive when they say they will

nannytone_2

why dont you just ask for a change of circumstances assessment?

AsknAnswer2

Ask them to send you a duplicate letter to where you live now. You can appeal by writing a letter telling them you want to appeal and giving your grounds, or by completing a form called a GL24, provided it is one month from the date you were notified of the decision to lower the rate. If it is more than a month you can still appeal but will also need to give grounds of why you did not appeal within the one month time limit. If your grounds for a late appeal are sufficient then your appeal will be admitted. If they are not sufficient then your appeal will be disallowed. If it is more than 13 months from the date you received notification of the new award, this is the absolute time limit and you cannot appeal.

Out of nothing other than pure nosiness, what were you in prison for?

pac100575

i have been getting dla at the reduced rate
it was over ten years ago
i have asked to be reconsidered

pac100575

i drove whilst unfit

pac100575

i think im just banging my head on a brick wall me thinks
with dla not here lol

sunnyone

pac100575 wrote: »

i drove whilst unfit

You dont get locked up for that, there must be a lot more than that simple sentance lol.