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Letter from dla saying new evidence shedding light

  • Loopylou862
  • Topic Author
13 years 8 months ago #51646 by Loopylou862
My husband recieved a letter from dla stating new evidence recieved that casts a shadow of doubt on his claim, we had to fill in claim form again, they then said the gp report was not returned so we had a medical assesor (on th 18/2) but when i asked for all papperwork our GP report was there dated 05/02 and now they have completley stoped everything, the medical assesor report was barley readable and it seems he just ticked yes to all boxes at the back. he was high rate for both (this was awarded at tribunal 3 years ago) we are appealing but feel totally disheartened. can any one help and advise please many thanks :blush:

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13 years 8 months ago - 13 years 8 months ago #51677 by Crazydiamond
If the form you have received is a DLA80, I believe the 'new evidence' is simply a ruse to obtain information from a claimant, to ascertain whether it marries up with the information held on a previous DLA claim form(s). In all probabilities there would be no new evidence other than the fact that your husband's case has been selected at random for checking purposes. This is all part of the correct payment programme, also known as the 'Correctness Programme'.

A claimant would be quite entitled to know what the new evidence entailed, as was requested in this thread HERE. This is because if there was any suggestion of suspected fraud, a claimant is entitled to seek legal advice regarding the fraud allegation. It is clear however, that suspected fraud in your husband's case was not an issue.

Your husband is taking the right step in appealing the adverse decision, but please refer to the guides in the subsection entitled 'DLA Appeals' in the appropriate section of the DLA Resources.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 8 months ago by Crazydiamond. Reason: Additional info.

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  • Loopylou862
  • Topic Author
13 years 8 months ago #51810 by Loopylou862
thnak you for that I will look and hopefully make a sucessful appeal, one question surely they by sending the letter then having no eviedence have made the decsion by false pretences as it was started by a letter that was incorrect and they were being fraudulant?

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13 years 8 months ago #51830 by Crazydiamond
You may very well have a valid point, but to pursue this matter may be futile as any complaint would inevitably fall on deaf ears, as there would be no evidence of maladministration, but moreover, it would not assist with your husband's appeal.

Ultimately however, it is up to you/your husband whether or not you wish to submit a formal complaint?

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

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  • Loopylou862
  • Topic Author
13 years 8 months ago #51832 by Loopylou862
many thanks as usual they can get away with things :angry:

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  • Rochelle
13 years 8 months ago #52083 by Rochelle
Hi i had the same letter 3 weeks ago i have just posted here on the site it has made me sick with worry, i have racked my brain thinking who or what info anyone could have but there is nothing, all i could think is there a jealous neighbor who
saw me having work done is jealous and made a malicious call with lies but they nothing about me so dont know what i do or dont get but it has made me so upset and worried as could not imagine not having my dla.

I 2 got a DLA80 and i was told by the helpline that it is a form given out to people randomly to c if they r getting the correct benefit and they said there is nothing on my file about fraud, but when i told her what the letter said she then turned round and said she cant help me as she has no other info, they also said that their info does not always come from the fraud line but other agency's, have no idea which agency's that may be.

I hope u manage to sort it out it is so unfair and causes so much worry and upset.
take care

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