DLA supersession?.

anj_S

I applied for DLA 6months ago for my child and it was turned down, it is now out to appeal.

When I wrote the appeal letter I included more evidence and info as my childs condition had become much worse since the date of my original application. She now requiries active intervention 6 or 8 times a night as opposed to regular checking on and occassional intevention as it was when the original application was made.

My question is will they take this into account, or will they only look at the evidence that was given up the date of the original refusal.

I have been doing some internet searching and wonder if what i should have asked for was a supersession rather than an appeal. Or will this be done automatically when they look at the appeal and realise the condition has worsened.

atrixblue.-MFR-.

a reconsidderation is made upon apeal anyway for errors in law they do not wish to look stupid at tribunal if they wish to defend the decision.

any evidence supplied will be looked at at reconsidderation level.

i would also ask for the reports they have obtained from consultant GP and school as a matter of urgency.

dont be affraid of going to a tribunal, they are not there to side with anyone. you will be looked after.

i would suggest you look for support from a welfair spacialist.

just remeber it not the diagnosis that passports you to DLA, its the mobility needs and care needs, after that theres case lase refrences to certain diagnosed conditions wich you could look up on the internet.

rogerblack

A couple of things.
The reconsideration and tribunal must only consider the condition as of the original application.
To do anything else would be an error of law.

However, the decision maker receiving the request for reconsideration could, as I understand it treat it also as a request for supersession, as well as more information for the appeal.

For the purposes of the reconsideration, and tribunal, later evidence can be provided, but only as it bears on the condition at the time of the original submission.
So if you are diagnosed with a condition after the submission, but it was present before, that is relevant to the original decision.
A fresh unrelated condition would not be, and would only be relevant to a change of circumstances.