Hi newbie and DLA query

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Hi newbie and DLA query

Postby bonnie1223 » Wed Nov 14, 2012 11:05 am

Hi ,am a newbie .
I been diagnosed last year with FIBRO ,CFS/ME and now OSTEO ATHIRITIS . currently put in for DLA and was turned down ,ATOS doc visit home and bad news again last week turned down again ,anyway sent the form in for appeal ,can the change descion without going to tribunal as all new to this ,the thought of going to a panel is stressing me and flared up my fibro its so daunting ,knowing that after all ive been through i can still get told no again ....
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Re: Hi newbie and DLA query

Postby Kirstin » Wed Nov 14, 2012 11:21 am

Hi Bonnie1223... I'm in the same boat & have been putting of going through the whole process again...
I haven't applied for over a year because of being turned down several times in the past... but I am going to apply again... it really seems to me to be a postcode lottery thing, so I'm going to have another go.
I have never appealed against a decision because, like you, it seemed so daunting~ but after seeing a report on the TV a few months ago (where statistics showed that up to 75% of peeps appealing were successful !) I think I might this time:)
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Re: Hi newbie and DLA query

Postby FluppyPuffy » Wed Nov 14, 2012 12:21 pm

bonnie1223 wrote:Hi ,am a newbie .
I been diagnosed last year with FIBRO ,CFS/ME and now OSTEO ATHIRITIS . currently put in for DLA and was turned down ,ATOS doc visit home and bad news again last week turned down again ,anyway sent the form in for appeal ,can the change descion without going to tribunal as all new to this ,the thought of going to a panel is stressing me and flared up my fibro its so daunting ,knowing that after all ive been through i can still get told no again ....


:welcome: to the forum bonnie :wave: :wave:

Sorry to hear you were given the big NO for your DLA claim, I wish I had a magic wand to put all these decisions right :( :(

When an appeal is submitted, it usually goes for a reconsideration first, this is when it is passed to a different decision maker to see if the decision can be changed in your favour. If this can't be done, it will then go into the appeals system.

A recon decision can be given within a number of weeks, which is much, much quicker than it takes for an appeal to find its way thru to being heard.

Altho it is usually part of the process, asking for a recon in your appeal letter wouldn't be a bad thing to do, just to be sure it does go for one.

:goodluck2: :goodluck2: :goodluck2: :goodluck2: :goodluck2:
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Re: Hi newbie and DLA query

Postby millymoodoo » Wed Nov 14, 2012 7:27 pm

Hi and :welcome:

Its a minefield going through with DLA, but my advice to you is go for it, if you get turned down appeal!!! 7 years ago i applied for DLA for about the 4th time and was turned down flat only this time i decided i wasnt accepting their decision and appealed!! 6 months later my tribunal arrived and i was absoloutly terrified but i went to the tribunal and put my case across (i would have contacted CAB had i thought on)they listened to everything i had to say and at times i was upset at the answers i was having to give because even i hadn't realised how bad things had become!! I was asked to wait outside and after about 5 minutes was called back in and their decision was on a piece of paper on the desk for me they had awarded me middle rate care!!! I was so relieved but pleased i had gone through with it. It was up for renewal 3 years later only this time they increased my award to high rate care just based on my form that i filled in. 12 months later i decided to ask them to look at my claim again re mobility and they refused to allow me any mobility at all and yet i struggle withntrmendous pain to walk so i asked them to reconsider their decision, which did and awarded me higher rate mobility aswell as higher rate care. It does show that you have to persevere with them and continue to fight when you feel like giving up. If my post helps just one other person it will have been worth it!!! So fight it all the way!!!!

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Re: Hi newbie and DLA query

Postby Treece » Thu Nov 15, 2012 9:43 am

hi and welcome to the forum.

Don't give up on DLA without appealing and do get support, if you seek legal support now you will get legal aid, dont wait to hear when the hearing is because they are stopping legal aid for DWP cases, I wonder why!

Good Luck with your reconsideration and appeal :-D

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Re: Hi newbie and DLA query

Postby bonnie1223 » Thu Nov 15, 2012 12:20 pm

Hi Guys , Thank you for all your replies ,much appreciated , I have contacted welfare right's waiting on a call back ..
On my letter from DWP its says my appeal will be sent to TRIBUNAL SERVICE where an independent appeal tribunal will look at the descion again ... Can someone tell me what this means please as am really confused with all this , and they havent even given me reason why they have turned me down ,but i am guessing its my GP as she wasnt very helpful with what she wrote .only said that i have conditions and what meds i take ,Thank u :-?
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Re: Hi newbie and DLA query

Postby FluppyPuffy » Thu Nov 15, 2012 1:37 pm

The Tribunal Service is where the appeals are dealt with, and the Independent Appeal Tribunal are the people who will look at your claim and decide whether the decision should be changed. The Welfare Rights peeps should be able to give you more detailed advice about the service and process.
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