dla has anyone appealed against a desision

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

14 Replies

  • 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.

  • 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.

  • 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.

  • ty

  • 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.

  • 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

  • been waiting for 13mnths for this

  • Yes I would say always appeal against it good luck.

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

  • 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.

  • That sound's positive to me!

  • 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

  • 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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