Dla

[Swan]

Most people do get it on appeal - official figures show that, so do keep going and be very forceful with the doctor - insist they look at your old notes etc, ask to see the letter before it is sent and insist on changes if it isn't sufficient or accurate - basically you are entitled to be a bit bolshy if it isn't everything you need.

Go and see your CAB and ask to be referred to the Free Representation Unit - they will know how to do that. It is an organisation of barristers who will represent you for free, and if someone takes on your case they should be able to help you with the doctor's report as well as the actual hearing. Sounds like you need someone on your side.

I know it is no comfort that it will be backdated when you need the cash now. Wish I could suggest something more than has already been advised.

Just keep going, and good luck

[Cactus]

will do.Thanks V much

have been ringing cab for last 2 hours and got voicemail saying they busy.need to give it rest now before i crack up.may go put letter through CAB over weekend

[Cactus]

health visitor called me and has booked me emergency appointment with usual GP for monday 2,50.wish i had asked for copy of other dr report to look over b4 appointment.she is phoning to remind me monday a,m so maybe i ask her then if i remember

but have written out typical worse days for last few weeks so will take that and my mum is coming as i forget stuff and dont like making fuss in case they turn nasty with me and dont help.

[Swan]

Well done Cactus, you'll be okay.

Write down on same piece of paper as other stuff about asking for other doc's report - then you have it all there to remind you.

Keep going, it will be worth it, you just have to make them realise you need the help.

[Cactus]

Typical.

Today i receive letter saying they know i want it looking at again and can i submit further evidence.

Yet have not received letter they said they had sent 2 days before this one stating reasons I had been declined!

although there are target times on back of letter stating process times.

Dla reconsideration takes 35 days average target usually though 22 days

then Appeal takes 37 average target but usually dealt with in 18 days.

now the confusion am i better to go straight to appeal?or do reconsider first?

can anyone advise?

[Cactus]

Maybe i had best just go to appeal after reading this.

Disability living allowance revisions and appeals

If you're not happy with a DLA decision you can challenge it, either by asking for the decision to be revised or by appealing. But there are two things you need to be aware of from the outset: the strict time limits for revisions and appeals and the risk of having your award reduced.

Time limits

Whether you ask for a revision or an appeal there is a strict time limit: the Department of work and Pensions (the DWP, which used to be called the DSS) must receive your request within one month of the date on the letter giving you the decision. There are limited circumstances in which a late request can be granted, but it isn’t easy and you may need to seek advice.

Risks

If you ask the DWP to look at their decision again your award can be reduced, or taken away altogether, as well as increased. If you haven't been awarded anything at all then you don't have to worry, but if you have been awarded DLA at a lower rate or for a shorter period than you think is correct, then you need to take this risk into account. Download a copy of our appeals guide and try to get advice as soon as possible.

Having the decision revised

If you write or telephone asking for a revision you are simply asking the Decision Maker to look at the matter again. However, if you have followed the instructions in our DLA guide and made a detailed claim supported by evidence, we would not advise you to ask for a revision, as it is very unlikely to result in a higher award.

The Explanation Team

In addition, if you ask for a revision you may be put through to, or telephoned at home by, the Explanation Team. A member of the team will briefly explain to you how the decision was reached and may attempt to persuade you to withdraw your challenge by telling you that your condition is not severe enough for an award, or a higher award, to be made. If you are contacted by the Explanation Team you can tell them you do not wish to have an explanation or you can listen to it but insist on carrying on with your challenge anyway. If you appeal instead of asking for a revision your claim will automatically be looked at again in any case before the appeal papers are prepared, (this, believe it or not, is called a 'cerebral reconsideration'), so there is generally no advantage in asking for a revision.

Lodging an appeal

If you do decide to lodge an appeal the most important thing is to do so within one month of the date on the decision letter. Get a copy of the DWP booklet GL24 If you think our decision is wrong, which explains the appeals process and also includes an appeal form which you can tear out and complete. You can get the booklet from your local DWP office, jobcentre or advice agency.

[Flying fish]

It all seems designed to make an already difficult life even harder.

Are you more likely to be successful with a re-application for a continuation than if you are applying for the first time?

Good luck with the appeal stuff. sounds tough.

[Swan]

Wait for letter stating reasons - don't do anything until you get that. But if you don't get it within time APPEAL, it is always better than asking for a reconsideration.

[Cactus]

rang my debt councellor she leaving job tomorrow (she has given me more help and understanding in last 9 months than any Dr or health worker)

she gave me direct number to welfare benefits advisor who seemed to want to help and she has made me appointment for this Wed at 2.45 to go through it all with me and do full benefit check to see what im entitled to now and when sick pay runs out.

still no sign of DLA letter with reasons for turning down application. :angry:phoned them and they said i hadnt asked for statement of reasons but that cause they said they had wrote telling me i had been turned down and why i had.so sending statemnt to me today.(yeah right)