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dla has anyone appealed against a desision

mommalou profile image
14 Replies

am on low dla for care but need more help now they said no so got to go to hearing at court

also keep getting dizzy spells and falling had to go to hosp thurs had a dizzy spell and fainted smacked my mouth and chin on kitchen unit bit my lip and smacked my teeth got two thick lips chin glued and steri striped got flu jab tom

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mommalou
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stilltruckin profile image
stilltruckin

I've read that government figures for January to March this year reveal that 41% of DLA appeals were resolved in favour of the claimant.

helingmic profile image
helingmic

If you appeal, they will have to review your case. sometimes, they do allow you a higher rate. Have a go, they will not suppress it!

Tribunals are there for you to get your point across,don't think of them as Ogers.As stilltruckin says,many appeals are overturned in favour of the claimant.

Toci profile image
Toci

I won my appeal against being turned down for the higher rate but it was pre-ATOS. I rang up the DLA helpline number when I got the letter and demanded to know the name of the person who had made the decision, as they obviously knew the effects of my condition better then me, my GP and my consultant, all put together! They told me they would look into it and then I got a letter telling me it had been awarded, for life! God knows how they work but it is always worth arguing if they have got it wrong.

mommalou profile image
mommalou in reply to Toci

ty

stilltruckin profile image
stilltruckin

dls.org.uk/advice/factsheet...

[Quote] Evidence for appealing Disability Living Allowance decisions at any level of appeal

• A letter of support from your doctor;

• A care plan;

• A doctor’s report;

• A Statement by the claimant showing the history of the problems and how they affect them;

• Any medical such as letter for appointments, anything which assists in proving your claimant attended their Doctor/hospital or other therapy for their problem;

• A diary of how the problems effect the claimant on a day to day;

• A statement from anyone that might provide care or help the claimant with their problems such as friends, family, care workers or Work colleagues etc.

Bronch1noGO profile image
Bronch1noGO

Sadly on the other hand there are still losers - myself included :-( .... and you need to standup and be counted, so I say go for it!

Karen X

mommalou profile image
mommalou in reply to Bronch1noGO

been waiting for 13mnths for this

rick1 profile image
rick1

Yes I would say always appeal against it good luck.

mommalou profile image
mommalou in reply to rick1

the evidence they got from this was a year ago have bee told they have to assess me on that m worse now

stilltruckin profile image
stilltruckin in reply to mommalou

Yes, the Appeal Tribunal cannot take into account any worsening of your condition since the original claim.

But if you lose your appeal you may be able to make a new claim on the grounds that your circumstances have changed (i.e., your condition has deteriorated).

However, after October this year any new claim will have to be for PIP, and the qualifying conditions for that are tougher than for DLA.

rick1 profile image
rick1

That sound's positive to me!

onamission profile image
onamission

I have severe COPD I applied for DLA I was turned down it took them 8 weeks after they made the decision to send me a letter I have asked them to look at it again and they said they will.

Send everything in recorded delivery, keep a copy of everything the decision maker at the place I sent my form to had no medical experience I even sent in a copy of the write up on COPD off the DWP web site which clearly states '' indefinite award '' good luck

Taffyrocker profile image
Taffyrocker

Two years ago I had to go appeal and tribunal for my claim for DLA. I got refused three times before that. When I DID go to court, I was told the Dr on the day was a bit of a beast. AFTER all the evidence and sitting in front of the panel, I was told I would be given the verdict on the same day! I am SO pleased ( and physically I broke down in tears) to say I was awarded my appeal. Frustratingly I have had to revisit all my ailmements and illnesses due to the DLA people asking me to fill in my DLA forms AGAIN. I am SO grateful to the guys at my local Citizen Advice Bureau for helping me to complete and send off my forms. My PTSD due to emergency abdo surgeries and multiple visits to ICU and ventilations makes it impossible to concentrate to actually fill in any forms.

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