Karen A Report post Posted February 13, 2009 Hi all.Following DLA application refusal I had a letter from DWP this morning.They are going to look again at the claim but it can take 11 weeks. I had planned to appeal and thought I only had a month to appeal.I phoned the DWP this morning.They said the usual procedure is to wait until they have looked again at the claim and then appeal that decision if not happy.Does that sound in line with what other people have done ? I don't want to miss the deadline for appeal.Karen. Quote Share this post Link to post Share on other sites
mom Report post Posted February 13, 2009 Hi all.Following DLA application refusal I had a letter from DWP this morning.They are going to look again at the claim but it can take 11 weeks. I had planned to appeal and thought I only had a month to appeal.I phoned the DWP this morning.They said the usual procedure is to wait until they have looked again at the claim and then appeal that decision if not happy.Does that sound in line with what other people have done ? I don't want to miss the deadline for appeal.Karen. It could be possible that when you do go to appeal they could say you've missed you're time, only on very rare occasions when a decision is looked at do they change it, so I would go ahead and get you're appeal form in and if in the mean time they change the decision in you're favour you can withdraw at any stage. I applied for dla for my son in June last year and it was a nightmare after 5 months (they were waiting on a gp report which they never got! even though they had his statement with all relevant medical reports attached) we were turned down, so I appealed, an oral appeal has a better chance of going in you're favor so please if possible take this option, it is not as daunting as you think, you go before a panel of people usually a solicitor,doctor and an independent person, I wrote them a letter and brought it with me explaining how difficult life was with our son, after that they will ask you questions regarding the person you are claiming for they do this to help them decide how much help they need so you need to explain worst day scenario! It is quiet stressful but im lucky that I can talk about my sons problems for hours so gave them lots of info! we were awarded high rate care, and when he is 5 now in june we get middle rate mob! I was delighted got it for 5 years! Keep the fight up for what you are entitled to! Quote Share this post Link to post Share on other sites
mom Report post Posted February 13, 2009 Sorry meant to add I was told by a dla case worker that is quiet usual for dla to turn down cases as only serious cases appeal! Also next time I will be asking for the award to be made for life as autisim is not something are children are going to grow out of so why keep putting us through this daunting process! Good luck with you're battle! Sharon x Quote Share this post Link to post Share on other sites
call me jaded Report post Posted February 13, 2009 Our parents group deals with DLA all the time. The clock does not start ticking on the appeal until they've notified you of the decision on the reconsideration. Quote Share this post Link to post Share on other sites
cmuir Report post Posted February 13, 2009 Hi Not sure about this, but whatever you do put things in writing so that you can quote who said what and when. If the letter clearly states they're going to look at the claim again, then that sounds positive. I'd write them a letter, if time permits, telling them specifically that you'd intended to appeal, but in light of their letter dated XXX, ask whether you should still appeal - or whether you should await the outcome of them looking again at the claim. Irrespective of this, if you're successful, all monies will be backdated to the date of initial claim. Caroline Quote Share this post Link to post Share on other sites
call me jaded Report post Posted February 13, 2009 The DWP Decision Makers Guide is well-thumbed at our office. Quote Share this post Link to post Share on other sites
Karen A Report post Posted February 14, 2009 The DWP Decision Makers Guide is well-thumbed at our office. It looks very interesting.Those people do have something to use to guide them in their decision making then. Karen. Quote Share this post Link to post Share on other sites
NobbyNobbs Report post Posted February 16, 2009 the guide doesn't mean they stick to it! i'm now copying out sections to take to the citizens advice to argue unfair treatment and discrimination due to them not following policy. i'm on page 17 of 118 and i've already got two major failings! (including them saying in the letter that i meet the middle rate care criteria, and them then only awarding lower!) Quote Share this post Link to post Share on other sites
westie Report post Posted March 1, 2009 the guide doesn't mean they stick to it! i'm now copying out sections to take to the citizens advice to argue unfair treatment and discrimination due to them not following policy. i'm on page 17 of 118 and i've already got two major failings! (including them saying in the letter that i meet the middle rate care criteria, and them then only awarding lower!) did they explain why they gave you lower rate even if they say that you meet middle rate criteria?? (or am I asking a silly question here) Quote Share this post Link to post Share on other sites
NobbyNobbs Report post Posted March 1, 2009 did they explain why they gave you lower rate even if they say that you meet middle rate criteria?? (or am I asking a silly question here) nope, they just sent the letter back again with different criteria i hadn't met, ignoring the ones they'd said i had met before! when i phoned to ask they told me they could use any evidence they liked, and include or exclude anything they felt relevant. because i'm on jobseekers i get some kind of help with my appeal (the CAB organised it). i'm seeing someone in the morning who apparently can help me with it. fortunately now i am in the prcess of my NHS assessment i have lots of evidence of things they have been arguing about. Karen A watch those 'review our decision' things. they pass you around doing those to try and stop you getting to the appeal stage. its taken me 4 appeals to get to go to tribunal. Quote Share this post Link to post Share on other sites
