DLA rejected...should she appeal

Muttleythefrog

If you request statement of reason for the decision you should get another 2 weeks on top of the 4. Ask for copy of all evidence used too.. this'll shed light on whether GP/psychiatrist were contacted. If she can get something factual from psychiatrist in relation to the problems claimed in DLA application then it could help significantly.. but of course it's whether you're lucky enough to have a psychiatrist prepared to do it. When appealing the DWP will first do an automatic reconsideration and that'll take a while... during which evidence could be sent in.. in fact when appealing it could be stated that further information or evidence will be forthcoming to try to stall things if necessary. Obviously after that reconsideration then evidence can be sent to the tribunals service who will 'take over responsibility'. Tribunal will consider evidence they regard as applying at around the time of the DWP decision.

rogerblack

Muttleythefrog wrote: »

If you request statement of reason for the decision you should get another 2 weeks on top of the 4

While I would not normally advise this, it is possible to stretch it a few more days.
The DWP never deal with post on the day it's received.
You could choose to send it special delivery on the day before the deadline (being aware that failing to do this, or any delays before posting may lead to failure).

If it takes 5 working days for the post to percolate through to the right department, another couple to get the statement of reasons out to you, then that's another 10 days right there, or a total of 24 days on top, not 2 weeks.

Any correspondence with the DWP - the deadlines are 'within the normal course of post'.
If you post it the day before the deadline, and it would be expected to get there the next day, then even if it's late, it's OK.

This is risky - screwing up the dates risks relying on a late appeal if you get it wrong.

needuradvice

thanks muttleythefrog and rogerblack. Does he actually have a right to ask for evidence and does he have a right to ask them to give him more time due to his wife's appointment being almost a month away?

rogerblack

needuradvice wrote: »

thanks muttleythefrog and rogerblack. Does he actually have a right to ask for evidence and does he have a right to ask them to give him more time due to his wife's appointment being almost a month away?

He has a right to ask any doctors for evidence - but they may not in some cases provide it, some take the view that it's not part of their job.

He has a right to see the evidence that was used in the decision by the DWP, and the reasons for that decision.

He can ask to delay the decision, in order to get the results of an appointment, but this is not certain to be granted.

needuradvice

thanks very much for clearing that roger. I'll let him know to phone them tomorrow to ask for an extension, to allow him to gather the necessary evidence

robus

rogerblack wrote: »

He has a right to ask any doctors for evidence - but they may not in some cases provide it, some take the view that it's not part of their job.

He has a right to see the evidence that was used in the decision by the DWP, and the reasons for that decision.

He can ask to delay the decision, in order to get the results of an appointment, but this is not certain to be granted.

That does raise a very interesting situation. If the GP refuses to give a letter or report to the patient because "it's not part of their job", where else would the patient go to get the evidence that is needed to support a claim?

Maybe an OT, but that has to be sanctioned by the GP in the first place. A consultant is no good, as they only deal with the condition, not how it affects their day to day living. Besides which a consultant has every right to refuse anyhow as they see it as being the GP's responsibility.

sunnyone

robus wrote: »

That does raise a very interesting situation. If the GP refuses to give a letter or report to the patient because "it's not part of their job", where else would the patient go to get the evidence that is needed to support a claim?

Maybe an OT, but that has to be sanctioned by the GP in the first place. A consultant is no good, as they only deal with the condition, not how it affects their day to day living. Besides which a consultant has every right to refuse anyhow as they see it as being the GP's responsibility.

same old andy, same old claims on everythread he posts on.

robus

sunnyone wrote: »

same old andy, same old claims on everythread he posts on.

Where has this comment come from? And who's andy?

needuradvice

sorry robus, don't understand why sunnyone made that comment.

My friend spoke to D L A today and they said he has 28 days from the date of the letter to appeal with his evidence...its short time, but hopefully he should be able to deal with it.

Muttleythefrog

needuradvice wrote: »

sorry robus, don't understand why sunnyone made that comment.

My friend spoke to D L A today and they said he has 28 days from the date of the letter to appeal with his evidence...its short time, but hopefully he should be able to deal with it.

They should be extending that by 2 weeks if he requests statement of reasons. The statement of reasons probably won't be much different than what has already been sent but it's important he also get copy of all the evidence they used to make decision so he knows how to challenge and what to challenge.