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DLA decision made in 1 week without checks -Usual?

  • Tara
  • Topic Author
13 years 8 months ago #51623 by Tara
Hello

Is this a usual scenario? I sent my DLA application 28th Feb, and the decision that I am NOT entitled to any award was made 4th March (date on top of letter)

I am really upset about this, because it states that the decision was made from information 'given by the health care professional who examined you for Employment and Support Allowance 11/08/2010'

How can this be right? That info which although is actually still relevant, does not take into account that my problems have greatly worsened, and is 7 months old.

My daughter who is helps me every day was not contacted, nor was my therapist or doctor. I had asked my therapist to complete the 'people who know me' section, and the DLA letter came back before I had chance to send it!

Is this usual?

Many thanks in advance.

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13 years 8 months ago #51625 by carol48
If I was you I would send in a letter asking to appeal against the decision and get letters from your doc, therapist, daughter, any copies of hosp letters, as much as you can. Dispute the medical say all the things you need help with, write a diary of your normal day for a few days and send it as well, they will then reconsider all the evidence you send them and either change the decision or they will send out the appeal papers. Everyone is different, I have had the decision left the same and the appeal refused, I have also sent in a change in condition and had the rate changed but not to what I was entitled to, I appealed, they changed the decision to my favour and cancelled the appeal. You have to be aware they can reduce what you have been given but you have nothing to lose as you have been refused. Just try and send in anything you have that will help with your appeal letter, you have 30 days from date of refusal. This is only going by my experience, the moderators will reply and they are the experienced ones so I would go with what they say. Good luck.

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  • Tara
  • Topic Author
13 years 8 months ago #51629 by Tara
Thanks for the reply.

I already sent in a diary of a typical day with my claim. I made sure that the replies on the form were very indepth (as advised by the help sheets on here) I honestly couldn't have added anymore information :(

I can't believe that they received my claim and made their decision in 7 days from old info, without getting opinions from the people who really matter.

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13 years 8 months ago #51631 by Gordon
Tara wrote:

Thanks for the reply.

I already sent in a diary of a typical day with my claim. I made sure that the replies on the form were very indepth (as advised by the help sheets on here) I honestly couldn't have added anymore information :(

I can't believe that they received my claim and made their decision in 7 days from old info, without getting opinions from the people who really matter.

Unfortunately, the DWP Decision Maker, can choose what evidence they wish to review.

As has been mentioned in a previous post, you can appeal the decision. To do so, you must return a GL24 form within 4 weeks of the date on the Decision letter.

We have a guide in the Members area that explains the appeal process, how to complete the GL24 and what evidence you should consider submitting.

I would also advise you to seek face to face advice from your local CAB or Welfare Rights office.

I don't know whether you used our guides to prepare your original submission, but if not, it may be worth having a look at these as well, to understand how you might approach proving your case to a Tribunal.

You mention an ESA medical from last year, did you pass? If not, are you pursuing this matter further?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Tara
  • Topic Author
13 years 8 months ago #51632 by Tara
Hello Gordon

I do receive ESA (work related) and yes, I did use the guides on here to help with my application.

I didn't realise there was a specific form to send off (GL24) It just says on the back of the decision letter to write in if I think the decision is wrong. I obviously do, but I don't know what else I can say or send in to support my application.

So asking them to look at the claim again is a separate process to appealing? This is how it seems when I read the back of the letter.

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13 years 8 months ago #51633 by Gordon
Tara wrote:

So asking them to look at the claim again is a separate process to appealing? This is how it seems when I read the back of the letter.

Yes, if you just write in, they will do what is called a Reconsideration, however, the turnover rate for this is relatively low, often because claimants are unable to provide additional evidence in the timescales.

If you appeal, then they will still do the Reconsideration, and if the Decision is not overturned, pass the papers over to the Tribunal Service for appeal.

Have a look at the DLA Appeal guide as it will explain it better than I can in the space of a post.

It is interesting that you passed your ESA medical and yet this is still being used as a reason to deny your DLA claim. If you haven't already got a copy of it, it might be a good idea to do so. You should be able to request a copy over the phone, it usually takes a couple of days.

I am wondering if there are areas of the ESA report that contradict what you have written in your DLA submission.

If you have any questions, please come back to the forum.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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