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Appeal or re-apply for DLA?
- ves
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13 years 5 months ago - 13 years 5 months ago #59459 by ves
Appeal or re-apply for DLA? was created by ves
Hello,
So sorry I didn't find this site sooner.
I joined B&W today, and have spent the day reading the advice on filling out the initial claim form (too late now, I know).
I applied early April, and received a 'No' letter this morning.
After studying the reports from B&W
I'm afraid I drastically underestimated the 'times' needed for daily help, and also did not enter the number of days I need help correctly either. I have Fibromyalgia/CFS and Depression. I did explain alot within the comments boxes about my condition, but some of the numbers were wrong I now realise. I live alone and didn't calculate the help needed accurately.
I am not sure what I should do next ...
Should I appeal, or should I drop this and re-apply with another form in a month or two?
Is that long enough to wait or is there a suggested time lapse needed?
I did not recieve a medical, they just wrote to my GP and Consultant.
Can anyone advise which route I should take?
Comments welcome, thanks.
So sorry I didn't find this site sooner.
I joined B&W today, and have spent the day reading the advice on filling out the initial claim form (too late now, I know).
I applied early April, and received a 'No' letter this morning.
After studying the reports from B&W
I'm afraid I drastically underestimated the 'times' needed for daily help, and also did not enter the number of days I need help correctly either. I have Fibromyalgia/CFS and Depression. I did explain alot within the comments boxes about my condition, but some of the numbers were wrong I now realise. I live alone and didn't calculate the help needed accurately.
I am not sure what I should do next ...
Should I appeal, or should I drop this and re-apply with another form in a month or two?
Is that long enough to wait or is there a suggested time lapse needed?
I did not recieve a medical, they just wrote to my GP and Consultant.
Can anyone advise which route I should take?
Comments welcome, thanks.
Last edit: 13 years 5 months ago by cdcdi1911. Reason: changed title at OP's request
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- ves
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13 years 5 months ago #59461 by ves
Replied by ves on topic Re: Appeal or re-apply?
Sorry - didn't say it was a DLA claim.
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13 years 5 months ago #59463 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal or re-apply?
westy
You don't mention which benefit you were applying for?
Gordon
You don't mention which benefit you were applying for?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 5 months ago #59474 by ves
Replied by ves on topic Re:Appeal or re-apply for DLA?
I already get IB, but my Fibromyalgia diagnosis is recent.
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13 years 5 months ago #59479 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appeal or re-apply for DLA?
westy
There is no penalty for appealing the Decision and the usual waiting time for a new claim is six months.
If you appeal, the DWP will first carry out a Reconsideration, where they will re-evaluate the evidence you originally submitted, and anything you send in during the next few weeks.
If you are able to provide additional evidence and clarification to the DWP for this Reconsideration, there is a possibility that the Decision will be overturned in your favour. If not then it will be submitted to the Tribunal Service for an appeal. Waiting times for DLA appeal are in the range 8-9 months but can be longer, dependant on region.
You are allowed to submit a new claim for DLA while you are still waiting for an appeal to be heard, so both these options are available.
We have appeal guides for DLA in the Members area along side the claim guides you have already been reading.
It is becoming increasingly difficult to find good advice, but if you are able to speak to a benefits advisor, we would recommend you doing so. They will be able to help you prepare an appeal and re-apply for DLA.
Hope this helps.
Gordon
There is no penalty for appealing the Decision and the usual waiting time for a new claim is six months.
If you appeal, the DWP will first carry out a Reconsideration, where they will re-evaluate the evidence you originally submitted, and anything you send in during the next few weeks.
If you are able to provide additional evidence and clarification to the DWP for this Reconsideration, there is a possibility that the Decision will be overturned in your favour. If not then it will be submitted to the Tribunal Service for an appeal. Waiting times for DLA appeal are in the range 8-9 months but can be longer, dependant on region.
You are allowed to submit a new claim for DLA while you are still waiting for an appeal to be heard, so both these options are available.
We have appeal guides for DLA in the Members area along side the claim guides you have already been reading.
It is becoming increasingly difficult to find good advice, but if you are able to speak to a benefits advisor, we would recommend you doing so. They will be able to help you prepare an appeal and re-apply for DLA.
Hope this helps.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 5 months ago #59482 by ves
Replied by ves on topic Re:Appeal or re-apply for DLA?
Thank you Gordon for that good advice.
Yes, I realise my decision was quite quick - not sure if that was because I already get IB? Maybe not, but not having to wait for the medical probably speeded up the process. I've had 3 Asos IB medicals in the past.
I will look into speaking to a benefits advisor as you suggest.
I really appreciate having someone/somewhere to turn to while dealing with the 'minefield' they call a benefit system!
I will keep the forum posted as to how I get on.
Best regards
Westy
Yes, I realise my decision was quite quick - not sure if that was because I already get IB? Maybe not, but not having to wait for the medical probably speeded up the process. I've had 3 Asos IB medicals in the past.
I will look into speaking to a benefits advisor as you suggest.
I really appreciate having someone/somewhere to turn to while dealing with the 'minefield' they call a benefit system!
I will keep the forum posted as to how I get on.
Best regards
Westy
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