Refused or Appealing DLA Decision/Post here

[DeeNJai]

There is a big back log and a year is not unusual to wait for an appeal. But each area is different so some will be seen before.
Dee

[trekster]

Got a letter today confirming receipt of my appeal.

[zornna]

Hi Trekster,
unfortunatly not, there are so many people waiting for appeals at the mo that's the earliest date they have tho thats only an estimated date and I did tell them i would be willing to accept a cancellation so may get in sooner but my only option is to wait and hope that someone cancekls soon but i have a feeling that with a waiting list that long not many people cancel

[trekster]

hugs and hoping for a cancellation soon. My appeal is slightly different I have DLA im just trying to get more DLA especially
the HRM.

[sheppeyescapee]

So that's a reconsideration rather than an appeal

[trekster]

yeah i guess it is will use that term in future, it's a 'look at my claim again in light of new diagnoses and mobility/care needs increasing'.

[clicker]

Hi I've just gone through the appeal process.

The renewal claim was made on 04 April 2010, going through decision and reconsideration took until December 2010. I received a letter from Tribunal Service on 13 January 2011 saying that my appeal would not be heard until at least 01 June 2011, it was heard 22 December 2011. Decision was notified 06 January 2012 lower rate mobility and no care! Having had higher rate care since 2004 all of a sudden no care needs at all - I'm miraculously better!

Just so you all don't go through the agony of not knowing how long it is taking and just hoping every time the postman comes to the door - it is a horrendous and stressful wait.

[trekster]

Thats disgusting both having to wait nearly 2 years and that the decision was wrong. Can you appeal again?

[star gazer]

normaly when you have been to tribunal the only way you can "appeal" that decision is to go to the upper tribunal but that would only be accepted if there was an error in law. There is however no reason why you can't re apply for DLA with a change in needs, and this can be done at any time, there is no period or time you have to wait. Especially if the award was based on circumstances at the time of the origional claim which was made nearly two years ago. I reapplied after origionally being turned down rather than go to appeal, at that point was awarded HRM no care in Jan 2011, had my renewal papers through in Oct 2011 so filled those in useing the photocopy of January claim, also included new med reports from Prof Grahame and various neuro reports OT etc. and heard two weeks later awarded mobility and care. So I think sometimes it is easier to re claim especially if there has been a long period since the origional claim and health needs might have changed further.
sg xx

[clicker]

Hi again
Yes if you want to appeal to the Upper Tribunal you do have to find an error in law. When you get your decision you have to write and ask for a Statement of Reasons from the Chair of your Tribunal. This is the next hurdle in the long line of waiting! I wrote to them on 06 Jan and then I phoned to check they received it mid Jan because so much post goes 'missing', and guess what? They are dealing with requests in 'date of receipt of letter' order and when I phoned them in mid Jan they were still working on hearings from November 2011 and there is no set time for them to send it by. If you do not get your letters into them within a month of the decision then they do not have accept your request - it is scandalous. You then have to plough through their Statement to look for errors in law. For other reasons I was unable to have representation and so I'm up for a challenge finding something.

They made my decision on 22 December and supposedly were going to send it that day - I have never received that original letter. It was only because I was phoning them every day that they were open during Christmas and New Year that I finally spoke to an actual person who was interested in helping me rather than the other 'morons' who stuck to 'we cannot tell you over the phone', 'we can't send you a copy until the file is back in the office' (which they thought would be around the 10th Jan) before they could send a duplicate (they actually received it on the 5th) and 'they do not have Word on their computers so they cannot open the attachments send from the Clerk to the Tribunal'. They physically had to wait for the actual piece of paper on the file.

They sent my notification for the Tribunal Hearing on the 24 November 2011 and I received it 17 December for the hearing date on 22 December which did not give me sufficient time to send the final evidence to them in time for the hearing and so they asked me to email it and they would send it to the hearing in advance - did that happen? No it didn't, they had to photocopy my Docs letter and all the other documents. They held the hearing and then considered the extra evidence after I left and so I wasn't there to clarify any of these documents and DWP didn't receive the documents in advance of the hearing either. They promised me that it would be sent that day but it has never arrived - so I do not trust how they conduct themselves. I had asked for a cancellation as well but I didn't get one, because according to their letter they had given me a months notice!

They wrap you up in knots with their processes and now I'm just going to have to start all over again! If they had awarded me the care and mobility it would have been £11,000 they owed me because not only have I lost DLA but the severe disablement premium from ESA and disability allowance for Child Tax Credit. My first ESA was being decided at the same time as my DLA and after a reconsideration I was put in the support group but unfortunately they paid me the extra supplement because when my original claim for ESA was sent I was receiving DLA even though I wasn't receiving it when they made the ESA reconsideration and now they are after me for £2464 overpayment for the 9 months they paid me and I didn't even know they were connected as I had never claimed ESA before.

I'm beside myself!

[trekster]

Clicker can you appeal them trying to claim back so much money off you? Thats almost a years student loan.

[star gazer]

clicker do you have access to welfare rights or a similar service. my county council disability register has a handbook with a list of people that can help in these situations but I am in Surrey, but maybe your county has something similar with a list of people who can help give support and advice with this. It must have been really hard trying to fight this on your own, do you use the benefits and work site as they have lots of useful info about the appeals and also posts about the upper tribunal, if you know about B&W then you will already know this so sorry for repeating.
anyway am sending
sgx

[barkingmad]

I dont know if this helps but I have just typed some info in the benefits section.

[Lisa77]

Hi There, I have just received my DLA tribunal result. I knew it hadnt gone very well, an hour and fifteen minutes of being questioned and I was so uncomfortable and distracted by pain I couldnt even remember what the question I was trying to answer was. No surprise that the appeal was disallowed but the letter I have been sent and the summary of reasons contain things that I am supposed to have said that are simply untrue and in some cases the information is plain wrong. I don't know what to do I'm exhausted and really depressed. I know I didnt represent myself very well but some things Im supposed to have stated are outright lies and I KNOW I didnt say them. Where to now?? Give up??

[star gazer]

No lisa, dont give up, you know that you can reapply for dla again so that might be the rout to go. if you feel that there was an error of law in how the tribunal was conducted you can apply to the upper tribunal you can find info on the upper tribunal on the benefits and work website. If you cant face that wait it will probably be quicker to reapply. I had to do that, first time I applied I was turned down, i made a pigs ear of filling in the form(before I found B&W) when I hadnt heard for several months I phoned dwp to find out what was happening I was told my claim was closed (to late to appeal)but was advised to reapply. Phone the dwp on monday and say that you want to apply for dla and ask for the forms to be sent out to you, this time you might be more prepared in filling in your form and perhaps have more evidence to back up your claim.
good luck and if you need help look at the benefits and work website (membership give you access to the guides in form filling and this weekend they have a discount on membership) and of course if we can we will try and help too.
best wishes
star gazer x