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Appeal being refused child DLA?
Oneplanetonelife
Posts: 56 Forumite
How do I appeal the refusal?
I hear most get refused 1st time is that right?
I hear most get refused 1st time is that right?
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Comments
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Appeal refers to Tribunal, or do you mean you've requested the MR and had a refusal? Most MR decisions remain the same so that's not unusual. You can now proceed to Tribunal. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/dla-appeals/DLA-appealing-the-decision/
If it was a refusal by the Tribunal you can only appeal on error of law. Your first step it to request the statement of Reasons and Record of Proceedings from the Tribunal and you have 1 month from the date of the decision to do that.2 -
Thanks so much
i have some questions about starting again with another form for DLA, this time with more proof is there a time limit like a year or something?0 -
You can ask for mandatory review unless you have already or to the tribunal if you have including all your new evidence. If successful you will then be backdated to the date you made the initial claim.Oneplanetonelife said:Thanks so much
i have some questions about starting again with another form for DLA, this time with more proof is there a time limit like a year or something?If you really want to make a new claim instead there is no time limit but I would strongly advise challenging the original decision first.1 -
Starting a new claim isn't always the answer because there could be another refusal. The best way forward is to challenge the decision.2
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Thanks we are challenging the refusal with lots of recent evidence1
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The time limit was one month from the refusal or you have to have a good reason why it took longer than a month1
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Reason to give is you were waiting for advice from a benefits specialist. Always worked when I volunteered at CABOneplanetonelife said:The time limit was one month from the refusal or you have to have a good reason why it took longer than a month1 -
Thank you so much, yes the brilliant folks on here are the ones I was waiting formarcia_ said:
Reason to give is you were waiting for advice from a benefits specialist. Always worked when I volunteered at CABOneplanetonelife said:The time limit was one month from the refusal or you have to have a good reason why it took longer than a month1 -
I actually got my appeals form in within a month of the refusal.
what is next do you think? They will make it go to tribunal?1 -
If the Mandatory Reconsideration results in the same decision, the next step is an independent appeal tribunal.
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/appealing-against-a-benefit-decision/
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