Refused DLA entirely

zudecke

SandraScarlett wrote: »

AA is Attendance Allowance, which may be awarded to those over 65 who meet the criteria. To receive DLA, you have to be awarded this before your 65th birthday, though it may continue ad infinitum.

AA is awarded at 2 levels of care, whereas DLA has 3 stages. But AA doesn't have an additional mobility component, whereas DLA has lower and higher rate.

I was very confused when I first read all these benefit abbreviations, everything seems to be ABC or XYZ! I hope your friend is fortunate and wish you well.

xx

Haha thanks! He's 45, so ineligible .

zudecke

I know this is very delayed, for a number of reasons, but the claimant (my friend) has just informed me that the evidence they used was from his ATOS examination 1.5 years back, for ESA, which SCORED him 0 points, but was later appealed and won at tribunal..

SO it seems illogical that they would use 1.5 year old evidence, proven to be incorrect/inaccurate for another benefit, as evidence to support a fresh DLA claim.

Might this be good ground to appeal on? (If we're not too late to appeal!?)

Pollycat

I would appeal on every grounds you can.

See my earlier post about how we appealed mum's AA rejection, which sounds very like your friend's.

You need to get your friend to check if the date for appeal has passed - it's over a month since you first posted and I can't remember how long you have.

How did your friend find out where the evidence that was used was from a claim from 18 months ago.
I may well be wrong, but to me, that sounds very odd.

If your friend was aware of this right at the beginning but has only just told you, I think you should ask to read all documentation as it's impossible to advise if you only have half a story.

SandraScarlett

Yes, keep going! I updated about 10 days ago on the Disability thread that, following my friend's second ATOS visit, she's been awarded the higher rate mobility and had her higher rate care reinstated. :T

Also, the whole lot is being backdated. Good luck.

xx

benefitbaby

zudecke wrote: »

I know this is very delayed, for a number of reasons, but the claimant (my friend) has just informed me that the evidence they used was from his ATOS examination 1.5 years back, for ESA, which SCORED him 0 points, but was later appealed and won at tribunal..

SO it seems illogical that they would use 1.5 year old evidence, proven to be incorrect/inaccurate for another benefit, as evidence to support a fresh DLA claim.

Might this be good ground to appeal on? (If we're not too late to appeal!?)

It is a clear ground for appeal and the DWP have been reminded not to use outdated evidence that has been challenged at appeal (seems to happen a lot with ESA).

You have an automatice right of appeal within one month of the decision letter, or if a reconsideration was requested one month from the outcome of the reconsideration. After this time you have an additional 12 months to appeal however you would have to show good cause/reasons for the appeal being late. The longer you take the better the reasons have to be. Good Luck

atrixblue.-MFR-.

forget requesting a reconsidderation, this is done when requesting a appeal anyway, your only given a right to reconsidder not to move onto appeal where many think they have apealed but not only requested they look at the decision again.

what evidence did the claimant send?

sorry i have not read full as im reading on the fly here.

he can phone and ask to speak with the DM, inform they have used outdated ESA atos information wich was overruled at a tribunal, if they continue to use the information to base a decision then you can request that tribunal judge dismiss from evidence as it was ruled in a previous tribunal to be of no factual evidence previuosly in another tribunal when it comes to tribunal stage by writing a letter to the panel.

zudecke

We sent in loads of evidence - letters from gps, surgeons, neuro surgeons, physios, osteopaths. All in date order and we'll presented.

When they initially rejected the claim, we wrote back asking for the rationale behind their answer. They went back the report from his initial ESA atos examination, where he scored 0, but later appealed it and won at tribunal.

It's been a month since he was rejected - are we too late to appeal? Shall we phone and try our luck?

Pollycat

zudecke wrote: »

It's been a month since he was rejected - are we too late to appeal? Shall we phone and try our luck?

You need to check the rejection letter to see what it says about appeal deadlines.

atrixblue.-MFR-.

phone and ask for extension of appeal deadline, make it plain that your late appeal is a good reason, or they can reject, send a recorded letter stating the you wish to appeal decision because the decision was based upon a successfully appealed ESA Atos report that bears no factual evidence, numerous evidential reports submitted by various proffessionals have not been taken into considderation in making a decision that clearly supports an entitlement of DLA, if the DM cannot make a decision then you request they go straight ahead with a tribunal submission.

zudecke

Okay guy thank you so much. I'll let him know he has to call them first thing tomorrow and give this a try.

I'll keep the forum updated.