daughter's dla renewal unsuccessful.

tulipbud

Hi, I sent my daughter's dla renewal of on beginning of july and had letter 3 days ago stating it had been removed, as the decision maker did not thinkl she qualified, I have asked for a reconsideration and understand someone different looks at it.

I was told it can take up to 11 weeks, she was on high rate care only , if any one can gib0very me an insight on what happens now and how long it could take I would appreciate your comments.

Thank you:)

bobbyblade

you could pop into your local d i a l office we found them to be useful and imformative

tulipbud

Hi bobbyblade

Many thanks for that, I never gave dial a thought, will find my local one.

rogerblack

tulipbud wrote: »

Hi, I sent my daughter's dla renewal of on beginning of july and had letter 3 days ago stating it had been removed, as the decision maker did not thinkl she qualified, I have asked for a reconsideration and understand someone different looks at it.

It is vitally important to understand that a reconsideration is not looking to reconsider the original decision from scratch.
It is looking to change the decision usually only if there is a clear error in the decision, and that decision cannot be justified.

Did you supply all the evidence you could have done?
If you did not, then you can supply more evidence now, before the reconsideration happens, and it should be taken into account.

A reconsideration done without further evidence is much less likely to succeed than one with.

tulipbud

Hi rogerblack, I explained to the lady over the phone who filled the form in, my reasons for disagreeing, the decision,. This is her 4th renewal and never been turned down before this time and symptoms still the same.

Also what happens at a reconsideration?

rogerblack

tulipbud wrote: »

Also what happens at a reconsideration?

Another decisionmaker looks at the decision with a view to finding out if - combined any new evidence you have supplied - the decision is clearly wrong. If it is - it may be revised.

If it is only somewhat likely to be wrong - the decision may stand, revision may be refused, and you can then appeal that decision not to revise.
If you appeal the decision - then some months later, your case will be heard either in person, or on paper (turning up in person has much better results) by an independent tribunal.

If either the tribunal or the revision process decides that your decision was incorrect - they can substitute their own decision, which is as if it had been decided the other way at the outset.
You get any backpayment you would have otherwise got.

tulipbud

Thank you for your advice and explaining what can happen, I will keep my finger's crossed.

tokenfield

tulipbud wrote: »

Thank you for your advice and explaining what can happen, I will keep my finger's crossed.

But don't hold out too much hope!!

Be prepared to go to a Tribunal to fight it.

People think that DLA is hard to get, just wait until when PIP comes into full swing - you aint seen nothing yet!!

Parva

tokenfield wrote: »

But don't hold out too much hope!!

Be prepared to go to a Tribunal to fight it.

People think that DLA is hard to get, just wait until when PIP comes into full swing - you aint seen nothing yet!!

That's the way Andy, hit folk while they're down. Guess we'll never change that cynical outlook you have on life.

tokenfield

Parva wrote: »

That's the way Andy, hit folk while they're down. Guess we'll never change that cynical outlook you have on life.

Andy?? I was being a realist. What do you want me to do? Tell everybody that it will be Ok and that PIP in its current format will never see the light of day after the review?

Head & Sand come to mind.

SandraScarlett

tulipbud wrote: »

Thank you for your advice and explaining what can happen, I will keep my finger's crossed.

Although it took a while, my friend, who had her HRM and HRC stopped, eventually won her case and everything was backdated. :j I did all the paperwork for her, and when her case was "looked at again", she was told the decision still stood, so she said she would appeal.

She never had to go to a tribunal, as eventually the DWP reversed their decision - but - this meant sending multi-paged typed A4 letters, detailing every single thing, and quoting the original refusal letter from the DWP. Something like this ....

Your letter states that Miss XYZ is capable of preparing and cooking a meal for herself. However, she is unable to chop, slice, peel or cook, as she has severe arthritis in both hands and has had this since 2002, as previously mentioned .................

At one time, she phoned the DWP to be told they hadn't received a letter that she sent, even though a subsequent letter from them, was in response to the one she sent! So to ensure this didn't happen again, we used to send identical letters, 3 or 4 days running, dated correctly.

All this took a lot of time, and resulted in her getting a second ATOS visit, but it was worth it in the end. Good luck!

xx