DWP change decsion before tribunal hearing!

i received a letter from the DWP 10 months into my appeal , it states they have changed their decision therefore your appeal will no longer continue?

They originally awarded me LRC only but now they decided 10 months to award me high rate mobility as well.

while this is a huge relief i believe i meet the criteria for high rate care aswell but im now worried that if i appeal again i will loose everything.

Can i ask for a statement of reasons without effecting the chances of changing the decision again? like i say i belive i gave enough information and gave detailed information regarding my care needs day and night and the time it takes me to do things, i also wrote a letter stating why aids do not remove the difficulties.

i just want to be sure if i ask for a statement of reasons they wont automatically do a reconsideration?

also in the letter asking for a statement of reasons would it be ok to write something along the lines of " I would like to request a statement of reasons that explains how it was concluded that i could manage my self care needs using suitable aids when i stated in writing that aids do not remove any of the pain of difficulties.

would something like that be ok to write? i just want to get the decision maker thinking carefully, i gave so much information about my care needs i feel like they are just trying to offer my HRM LRC to see if i will give in.

Hi Jox
Frankly i think i be happy with what i got,

But saying that i totally understand you wanting to ask for the statement as this is your right and you want help with your daily needs, we all strive to get our full entitlement this does not always work out for us my feeling is its only going to get worse.
But what ever you do i wish you all the luck in the world and your very courageous if you ask for the statement.
Good Luck Jox

Jox wrote:

i received a letter from the DWP 10 months into my appeal , it states they have changed their decision therefore your appeal will no longer continue?

They originally awarded me LRC only but now they decided 10 months to award me high rate mobility as well.

while this is a huge relief i believe i meet the criteria for high rate care aswell but im now worried that if i appeal again i will loose everything.

Can i ask for a statement of reasons without effecting the chances of changing the decision again? like i say i belive i gave enough information and gave detailed information regarding my care needs day and night and the time it takes me to do things, i also wrote a letter stating why aids do not remove the difficulties.

i just want to be sure if i ask for a statement of reasons they wont automatically do a reconsideration?

also in the letter asking for a statement of reasons would it be ok to write something along the lines of " I would like to request a statement of reasons that explains how it was concluded that i could manage my self care needs using suitable aids when i stated in writing that aids do not remove any of the pain of difficulties.

would something like that be ok to write? i just want to get the decision maker thinking carefully, i gave so much information about my care needs i feel like they are just trying to offer my HRM LRC to see if i will give in.

The issue regarding asking for a reconsideration of a subsisting DLA decision is discussed in the FAQs.

Asking for an explanation by way of a statement of reasons, will not result in a reconsideration because the DWP have acknowledged that your original appeal has now lapsed, and therefore is null and void. Furthermore, you have not at this stage informed the DWP that you intend to appeal the revised decision, but are merely asking for an explanation of how the revised decision was made.

Crazydiamond wrote:

Jox wrote:

i received a letter from the DWP 10 months into my appeal , it states they have changed their decision therefore your appeal will no longer continue?

They originally awarded me LRC only but now they decided 10 months to award me high rate mobility as well.

while this is a huge relief i believe i meet the criteria for high rate care aswell but im now worried that if i appeal again i will loose everything.

Can i ask for a statement of reasons without effecting the chances of changing the decision again? like i say i belive i gave enough information and gave detailed information regarding my care needs day and night and the time it takes me to do things, i also wrote a letter stating why aids do not remove the difficulties.

i just want to be sure if i ask for a statement of reasons they wont automatically do a reconsideration?

also in the letter asking for a statement of reasons would it be ok to write something along the lines of " I would like to request a statement of reasons that explains how it was concluded that i could manage my self care needs using suitable aids when i stated in writing that aids do not remove any of the pain of difficulties.

would something like that be ok to write? i just want to get the decision maker thinking carefully, i gave so much information about my care needs i feel like they are just trying to offer my HRM LRC to see if i will give in.

The issue regarding asking for a reconsideration of a subsisting DLA decision is discussed in the FAQs.

Asking for an explanation by way of a statement of reasons, will not result in a reconsideration because the DWP have acknowledged that your original appeal has now lapsed, and therefore is null and void. Furthermore, you have not at this stage informed the DWP that you intend to appeal the revised decision, but are merely asking for an explanation of how the revised decision was made.

Thank you very much can you just confirm 100% that i can ask for a statement of reason without risking them changing the decision? i just want to me 100% sure before i do.

Yes, and if the DWP tamper with your award without any explicit instruction from you to look at it again, this is tantamount to maladministration for which suitable redress may be available?

Thanks you.

one last thing, if after viewing the statement of reasons i do decide to challenge them, if they decide to lower my award again how do they justify it.

for example they have awarded me high rate mobility, if i ask for a reconsideration and they remove the high rate mobility, is that not saying that their old decision was wrong?

Do they not have to show evidence that indicates you have got better since that decision?

also, if this was to be appealed, i know they can only use evidence that is relevant to your condition at the time of the decision, but as they have changed the decision which period of time would this relate to, the original decision was 10 months ago but they have changed it 10 months later, would i be appealing regarding my condition 10 months ago or today>?