DLA Appeal/Reconsideration

Hi, Sorry to bother you all firstly, but i am really hoping somebody may be able to help me.

I submitted a claim for DLA in June for which i was awarded LRM only.

I was unhappy with the decision and so, following your guides I said I wanted to appeal the decision, bypassing reconsideration. I am 99% confident that what i put on the appeal form would get me an award for MRC. (I researched a fair bit of caselaw when writing it)

However, what i want to know is, Will it actually be reconsidered when they recieve it or will i be waiting a long time for an appeal?

I am worried now that i should have just asked them to look at what i had written and not bother with an appeal?

The whole process is so confusing, what do you think I should/shouldnt have done?


Many many thanks in advance.

Hi lellipup

When you appeal straight away without asking for a reconsideration, the decision automatically gets reconsidered first by the DWP, before being passed to the appeals service (if they choose not to change their decision). There isn't really any advantage in asking for a reconsideration as appealing takes both steps in one go, and should result in a slightly quicker appeal hearing.

You also have a much better chance of success at an appeal tribunal, which is a complete rehearing of the case and entirely independent. The DWP do not often change their decision.

Best of luck with your appeal

Derek

lellipup wrote:

Hi, Sorry to bother you all firstly, but i am really hoping somebody may be able to help me.

I submitted a claim for DLA in June for which i was awarded LRM only.

I was unhappy with the decision and so, following your guides I said I wanted to appeal the decision, bypassing reconsideration. I am 99% confident that what i put on the appeal form would get me an award for MRC. (I researched a fair bit of caselaw when writing it)

However, what i want to know is, Will it actually be reconsidered when they recieve it or will i be waiting a long time for an appeal?

I am worried now that i should have just asked them to look at what i had written and not bother with an appeal?

The whole process is so confusing, what do you think I should/shouldnt have done?


Many many thanks in advance.[/quote,]



Hi,


A 'Reconsideration' is carried out as part of the DWP's appeal process anyway. If on Reconsideration an improved award is made, they will write to inform you.

If the reconsideration does not change the award, only then is your case submitted to the Tribunals Service to go onto a First Tier Tribunal (either oral or 'on paper').

In general we usually do advise claimants to go via the appeal route as it saves time. If a reconsideration is requested then carried out and only then is the request for an appeal tribunal submitted it maybe a somewhat slower process.

Pete

Thankyou both so much, you have completely solved my question. I dont know where I would be without this site and you helpful people!

Thanks again.