reapplying for dla: I was wondering if... - Fibromyalgia Acti...

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reapplying for dla

nannyjenno profile image
11 Replies

I was wondering if anyone had reapplied for dla whilst waiting waiting for their appeal date? I was just reading an article( i cant remember which site tho )that said it was perfectly well within our rights to apply again if anything if anything changed. well my depression is much worse now from worrying about things,so am going to reapply and see what happens.

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nannyjenno profile image
nannyjenno
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11 Replies
jacksie profile image
jacksie

yes i was going through a tribunal period got fed up so reapplied ,i lost my money from being backdated from the first application but won the second,so yeah go for it,jacksiex

nannyjenno profile image
nannyjenno in reply to jacksie

thankyou for taking the time to answer my post. the tribunals service told me today that i will probably not get an appeal for at least another 4 months..My origional dla claim was a year ago and all the stress has made me feel much worse so i think i will make a new claim asap. best wishes xx

jacksie profile image
jacksie in reply to nannyjenno

i know exactly what you going through ,same happen to me,that's why when i made a new claim i lost the backpay.wasn't bothered just wanted to get it ,and tribunals out my way.i got it reappealing though so think about it.they don't like paying backpay.i had a very good helper to fill in forms,it's all down to how it is written. best of luck thoughtfully jacksiex

jom277 profile image
jom277

Try to get an advocate if you can to help take the stress out. I too had to wait nearly a year for tribunal and was told it would be another 5 to 7 months. Got gp and advocate onto it and they said it was causing me financial hardship and added stress. Hey presto got my date 4 weeks later. Took advocate and won. As my condition has continued to deteriorate told me to apply for a suppression and 4 months later still waiting but at least am getting some in the meantime. Am however going to get advocate onto it again as they keep asking questions they already have the answers to in my mass of paperwork. Think they think we may just give up, not.

Good luck x

nannyjenno profile image
nannyjenno in reply to jom277

theres a lady from the cab who has written to them saying that she will be my rep at the hearing. What is a supression? ive never heard of it..thankyou for taking the time to reply best wishes xx

jom277 profile image
jom277 in reply to nannyjenno

A supersession is where you ask them to at it again due to changes in health, care needs and my mobility needs that were reported by social worker, gp and occupational therapist and me during the massive wait of tribunal case. To see about raising the care and mobility element again as the thought may be entitled to an increase. At the tribunal said they could only look at the time of my application and not what has happened subsequently.

If you are going to tribunal and they say get the last bits of evidence 14 days before, do it at least 21 days before as I had followed what they said and they said only received it from the office the afternoon before and I had to fight for them to read it. Said to start with if I wanted it considered, would have to go back another time. Was a nightmare, I was in bits as had to miss my daughters last ever primary school play to go to tribunal.

Zeemo profile image
Zeemo

I have been going through this since April! I had my WCA for ESA and was scored 0 points. I also put in for DLA supersession as my condition had deteriorated. I already had an award due to my mental ill health. Once being diagnosed with Fibro I I had more and different care needs. Also I was now suffering extreme poor mobility. My supersession was declined by the DWP so I appealed. They then downgraded my DLA claim by 50% Now I am appealing against that and am expecting to take it to tribunal. In the meantime due to the length of time the DWP have taken to reach their decision my claim came up for renewal. So, with the help of the Citizens Advice Bureau I filled out a new claim pack. One thing I didn't realise is that if your appeal is turned down you can request copies of the medical evidence that the DWP used to make their decision, By doing this you know exactly what parts you need to appeal against. The WCA that I failed was used as evidence for my DLA supersession. I found this very annoying as I was challenging that decision. I did not and still do not understand how the DWP can use an assessment for information that is being contested through the Courts and Tribunals service.

Fortunately yesterday was my ESA Tribunal. I was represented by the CAB and they were fantastic. The submission that they wrote was excellent! I am glad to say that the Atos assessment was overruled and I scored 21 points. A far cry from the original 0 points I know and I was also placed in the support group. At least now I can also go back to the DLA people and tell them they cannot use the Atos report when reviewing my claim! I say that is 1-0 to me!!!

I know how stressful it is having to appeal. It has made me so ill over the past few months but I also feel that if we are turned down we owe it to everyone that suffers with Fibro to launch an appeal and take it to appeal. Also if you know anyone with the same condition and problems that have won a Tribunal I do not see why you possibly could not use their overruling to help your case? Although I would get advice from a professional before doing this.

Stay strong keep fighting. Everyone here is right behind you!

nannyjenno profile image
nannyjenno in reply to Zeemo

thankyou for your reply,i am very grateful.Is the WCA you refer to the assessment to go on esa? Im not sure what everything means..I was put on to esa without having to have a medical..It was a shock as i had been expecting the worst..I sometimes think that i should be grateful that ive got that and not bother with the dla,but its the principle of it,especially when drug addicts,alcoholics @annorexics get it so easily( no offence intended to anyone in these catagories) and people who genuinely need the help are treated like scrounging liars( thats how i feel when i go to the doc and felt when refused the dla).Im 46 now and would dearly love to work but i cant.Never did i think i would end up on benefitts.Saying that ive paid my fair share of national insurance and taxes over the years,so im going to keep fighting! xx thanks again

trixter profile image
trixter

i tried for DLA, i got some1 from cab to help me fill it out, i got declined, but i didnt appeal as i thought i wouldnt of got it? may be i should of appealed, good luck, but i think you should take some1 with you for support, good luck

Nanny jeno,

I am in the same position as yourself, do you not have to wait for 6 months before you can send in another application, I think if I dont get a date for my tribunal, I might send in another application 6 months from the date of denial, xx

nannyjenno profile image
nannyjenno in reply to

well we have got nothing to loose,so im definateley going to apply again.

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