DLA - alternative to yet another appeal?

[NobbyNobbs]

someone mentioned to me once that i could file something like a change of circumstance form for my DLA to see if that would change the decision based on new evidence. does anyone know anything about that? is there a time frame it has to/can be done?

 

i've currently got that option (possibly) and potentially losing over £5000 in back payment if i get the award i (and the NAS/ASD specialist) think i should get. or i can appeal to the upper tribunal, but it will take a VERY long time, and theres still no guarentee that they'll change the decision. to be honest, at this stage i'm tempted to just give up and start all over again, getting my support worker to fill in the forms rather than me so they actually say the right things first time round. i just dont think i want to fight for another year over this when they dont listen to what i say and ignore my evidence. the NAS say i have a solid case for saying they did not apply the law correctly by ignoring evidence (they refused to accept that my NHS funded support worker was evidence of my need for supervision/support when outside), but i dont want to still be here in a years time arguing this. its already been 19 months, 5 appeals and 2 tribunals!

[Tally]

I'm no expert, but I would think that if you file a change of circumstances form, they will not backdate any additional award to your original application - only until the date you filed the change of circumstances form. Definitely take advice before you make a decision, because taking this route may mean missing out on a LOT of money. You might decide it's worth it though, to save the time and stress a tribunal will cause.

[Sally44]

someone mentioned to me once that i could file something like a change of circumstance form for my DLA to see if that would change the decision based on new evidence. does anyone know anything about that? is there a time frame it has to/can be done?

 

i've currently got that option (possibly) and potentially losing over £5000 in back payment if i get the award i (and the NAS/ASD specialist) think i should get. or i can appeal to the upper tribunal, but it will take a VERY long time, and theres still no guarentee that they'll change the decision. to be honest, at this stage i'm tempted to just give up and start all over again, getting my support worker to fill in the forms rather than me so they actually say the right things first time round. i just dont think i want to fight for another year over this when they dont listen to what i say and ignore my evidence. the NAS say i have a solid case for saying they did not apply the law correctly by ignoring evidence (they refused to accept that my NHS funded support worker was evidence of my need for supervision/support when outside), but i dont want to still be here in a years time arguing this. its already been 19 months, 5 appeals and 2 tribunals!

 

 

If you have the written evidence from professionals, and it is just a case of they are not listening to you. Have you tried writing to your MP? I have used them in the past with a couple of situations I was in when no-one was listening to me eventhough I was in the right.

 

Eg. I lived abroad for some years. I checked before I left that as I would be working i an EU country all my entitlement to any benefits would not be affected. Then after some years I had a repetitive strain injury and I was never able to return to typing. So I got another job. Then I developed another health problem and was unable to work. During which time I became pregnant and we eventually returned to the UK. I have my card with all my NI and Health stamps from this EU country. But the UK refused to recognise them and said I did not have any entitlement to any benefits at all.

I remained out of work for some years and continued the complaints and appeal process to keep losing at every stage. So I involved my MP. Things quickly moved in my favour. I was awareded Incapacity Benefit, which was backdated to the time I first applied for it and I was also paid compensation.

 

Then I had another difficulty with my disabled sister. They said she had not renewed her working tax credit and therefore she had to reply an amount back to them. They were threatening to take her to court. I had dates when I had spoken with the WTC people and who I had spoken to and what about. Again I was not listened to at all. So again I had to involve my MP. He got them to confirm to me in writing that I had renewed her application. They had messed it up. She did not owe them any money, they owed her money. Again they paid her some compensation for the anxiety and stress it caused her.

 

So. If you have all the documentation I would consider involving your MP.