DLA reconsideration

singleyoungmum

hey i'm new to this but have tried claming DLA for my ASD son since feb it was sent to the tribunals after which i sent some additional information..... which apparently was looked at and again it was turned down within 3 weeks....... however they did inform me that the new information was sent to the tribunals withouth them taking a photocopy for their records

should i beleive that they looked at it that fast or call them again and request for it to be sent to the decision maker again?

salau2

Has your case been to a tribunal and did you attend? What was the decision?

Muttleythefrog

Sounds to me like they did the automatic reconsideration upon you saying you're appealing... if they've forwarded on additional evidence (to the tribunals service) you supplied then I would be inclined to believe they did use it in the reconsideration... 3 weeks doesn't sound unusual for a reconsideration... but only you know when the documents were supplied. Maybe their letter states the evidence used (e.g. form completed by claimant, GP factual report etc) or if not maybe a statement of reasons for the reconsidered decision might.. not sure. But I would assume they just had an admin error in not taking copies for their own records as they state. I would instead probably focus on the appeal which could be some months away.. advise attending in person.. and any extra evidence you can get in the meantime could be helpful. If indeed it turns out they reconsidered without using the additional evidence for one reason or another then I suppose you could see if they're prepared to look at the decision again... they may argue it was sent too late.. and may indeed be stating they didn't take a copy but forwarded on to tribunals service for this reason as they're now responsible for determining entitlement. Perhaps ask them to explain the letter they sent. There comes a point when the DWP have to do their automatic reconsideration otherwise they'll be holding up sending the papers off to the tribunals service for your appeal. Your evidence may have come too late for them.

Good luck!

singleyoungmum

it went the appeals tribunal back in July just wating on a date which i have been informed is about a year away.... this was additional information i sent reccently to go on top and over rule what the school had told them as it was a pack of lies

now i know people may think why would the school lie but it was the headteascher who replyed and not the senco or class teacher (who i requested for the additional information to be requested from)

i just feel like they wont listen to anything else as the scool replyed by saying "he has a tendancy to misbehave" and in the additional information box the headteacher wrote "i do not see why he should be entitled to DLA"

skater_kat

why don't you give them a call to clarify if the original appeal from the first refusal stands, or if you have to appeal again.

usually you don't have to re-appeal a reconsideration decision which is still the same as the original decision that you have already appealed against, but it is best to phone and double check (you dont want to inadvertently miss a deadline)

Hammyman

Join the National Autistic Society forums. There is a wealth of help on there.