DLA renewal refused

atrixblue.-MFR-.

NickyBat wrote: »

Thank you all for taking the time to reply. I had a very sleepless night last night worrying about all this - which hasn't helped my asthma at all i feel as though i have my inhalers permanently in my mouth today and have certainly felt more tight chested.
Reading the letter again, i think my first port of call has to be a call to the dla unit in the morning as it says i can ask for further explanations which i do need as i cannot understand how they have arrived at this decision as i thought i made it clear that any moving around and i am wheezy and breathless - but obviously not clear enough.

The thought of going to appeal and possible a tribunal just fills me with absolute dread.

the symptoms you describe is more anxiety than asthma attack but anxiety can lead to an asthma attack catch 22.

look upon it as a challenge, your goal is the DLA at the correct amount to your mobility and care needs, the DLA unit is one person to persuade that your entitled, if not then the next to tell atribunal your ailments and let them decide, kind of like telling a teacher another student has taken your work, if student wont give it back (dla decision maker) then you tell the teacher (tribunal).

NickyBat

Have put together a fairly good letter outlining the struggle i have, i have an appt with my GP on Tuesday so i am hoping there will be something he can do to help me.

NickyBat

Have just rang the dla unit for an update on my reconsideration to be told it has been done yesterday - no change!!!
Don't know whether to laugh or cry.

Two4Tuesday

Stop persisting with this bad 'advice' of not sending in evidence with your ESA claim, Andy. It's getting old.

rogerblack

volintier wrote: »

I work on the basis that if they don't award a benefit initially, it is a waste of time 'flogging a dead horse' with trying to get the DWP to listen to reason and sending evidence in. No one likes to be made to look like they have made a mistake and that includes the DWP decision makers!

Much better to ignore their 'offers to talk it through with them' - it generally never happens or makes a difference.

Just bung in an appeal and take your evidence to the Tribunal. At least they will see you, hear from you and you can be questioned.

In most cases, doing this is barking mad, and an insane position.

Waiting for the tribunal will delay a possible decision being overturned by at least 3 months, likely more.
If you are choosing not to send in all the information you could initially, and only at the tribunal, you may delay the award about a year, in many cases.

In some cases, payment may stop during this period. (someone on ESA-contributory).

Send in as much relevant information as you can in the initial claim.
This will give you the best chance of getting the right decision first time.

If you can't do this - then you can send in fresh information up until the decision is actually made.

If the decision is made - if you can supply relevant information, the decision may be overturned on reconsideration.
This is all before the tribunal.

Savvy_Sue

Are you allowed to introduce new evidence at Tribunal which you haven't previously produced?

just asking, you understand ... I know with schools admission appeals you can't, if you didn't put the information on your application form, then it's considered irrelevant at the appeal, which is considered in the light of the information originally supplied.

OK, looks like I cross-posted with RB, who obviously knows much more about these things than I do. But I agree with his assessment of the sanity of anyone who'd wait until tribunal to submit full evidence.

rogerblack

Savvy_Sue wrote: »

Are you allowed to introduce new evidence at Tribunal which you haven't previously produced?

Yes.
You can introduce new evidence on the day.
This will if it's not obviously clear - introduce yet more delay, as the tribunal will adjourn to consider them.
If you have information for the tribunal to consider, you should try to supply it at least 7 days before the date.