Choosing the appeals route...

the_devil_made_me_do_it

Once again my claim for DLA has been turned down. I applied last year & get turned down but couldn't face appealing. I applied again recently & got the letter today saying I wasn't being awarded anything.

Have spoken with my OH & he suggests appealing this time. I'm very frightened and have no idea what to expect. I have made an appointment with the local resource centre to disuss an appeal, but am wondering what I can expect to happen ect..

[Deleted User]

As part of the appeal process your application will be reconsidered by a different Decision Maker than made the original decision,if they uphold the rejection it will go to tribunal,you are wise to get help with this now.

wilf55

hi
we have just gone through the same


oh was on dla low rate care and mobility

after his reclaim he lost mobility element so we appealled and now he lost all

we appealled and got the same answer and are now appealling the appeal

i wrote off for statement of reasons

they said he could manage toilet himself day and night but could not manage to get out of bed alone! how do you work that one out


any how reclaimed along side the appeal and got nowhere with that

will keep you updated

go for it if you feel you are rightfully entitled then appeal and then fight the decision

[Deleted User]

You can only appeal against an appeal decision to the commissioner on legal grounds i.e. the appeal didnt follow the law

the_devil_made_me_do_it

I guess mine will be initially to request they reconsider their descion.

stassy23

my sons application got turned down so i rang them and said i disagreed so she asked me why etc so i told her the reasons and sent some more reports off and another decision maker looked at my sons claim and in the end he was awarded so keep fighting good luck

the_devil_made_me_do_it

Thanks Stassy.

I'm going to speak with a worker at the local resource centre about it. To be honest I'm fed up with being fobbed off/messed about. I feel that I am a genuine claiment and that I'm not trying to con anybody.

When I see the GP or mental health team, I never try and exaggerate my problems, I tell them as it is (well in the time restraint, so obviously they never really get the full picture of how life is for me & my OH).

I just get the sense that if I was "self-medicating" or basically being a public nusicence, I'd get taken more seriously. As it is at the moment I just feel like a joke.

cit_k

the_devil_made_me_do_it wrote: »

I guess mine will be initially to request they reconsider their descion.

They will be unlikely to change their minds unless you supply more evidence - or point out any mistakes that were made. If you just request they reconsider without providing reasons for them to change their decision then its most likely it will just go to tribunal.

the_devil_made_me_do_it

cit_k wrote: »

They will be unlikely to change their minds unless you supply more evidence - or point out any mistakes that were made. If you just request they reconsider without providing reasons for them to change their decision then its most likely it will just go to tribunal.

Hopefully the rescource centre worker will know what evidence I will need & what mistakes DWP have made.

I'm also going to discuss my horrible ATOS medical.

cit_k

Have you asked for a copy of the medical report?

Brassedoff

Sorry, i know nothing of your history. Do you think you are one of the what will become many people with illnesses who will now be turned down for DLA and lose other benefits?

I know nothing of many MH's but could you if you want the benefit strongly enough not ask to be admitted for a full report on the claimants health by professionals who could monitor it over a period of several days?

Again, I mean no offence with what I say. For someone with a physical disability it is easier, just take the clothes and show the 14 & 8 inch scars, plus let them stab my foot to their hearts content. But how can you prove certain MH claims without a doctor monitoring it over a period of several days? My sister who is a GP quite often refers people to the local psychiatric centre to assist them in proving the claims.