Author Topic: 2 questions if people don't mind me asking (DLA)  (Read 2628 times)

lew247

  • Bronze Member
  • ***
  • Posts: 16
2 questions if people don't mind me asking (DLA)
« on: December 16, 2011, 07:20:27 PM »
1: I applied for DLA and got it, but it was the lower rate for care and mobility, I did as they suggested and asked them to review the decision.
This was done and they stuck with the original decision, I got the feeling they never even read the paperwork I sent when I asked them to review it.

I now am going to appeal, but I have no idea how to do this and I've just noticed I've only got till next Thursday when the appeal has to be there,

What format does the appeal have to be in? ie what should I write, or does it have to be in a specific wording etc
Also Can I send off the appeal but put in it more info to follow? As the date is so close.
I have memory problems hence the short time left.

2: I first applied for this in 2007, I had an acknowledgement letter from them but nothing else.
I remembered the application last year, I sent off emails asking what had gone on about the claim, they said they have no record of a claim and to fill in a new claim.
I then sent them a photocopy of the acknowledgement letter and again asked the same question to which I got the reply, "it must have been refused" and to fill in another claim form.


I filled in the claim form I got online and sent it off, and yes again I forgot about it, I didn't even get an acknowledgement as far as I can see.
I remembered it in October this year, printed off a copy of the claim I sent off last year, sent it to them by special delivery so they cant say they didnt get it.
With this I put a letter saying this was not a new claim, I want to know what happened to last years one,

Anyway they took it as a new claim and it was granted first time, no medical, interview or anything.

I then complained and asked them to backdate it as it should have been granted in Nov 2007, but as it was so far back I'd be happy with till last year (not expecting them to backdate it more than 3 months)

Well I got a letter back saying they cannot backdate it as they have no record of me applying before, and unless I can prove I applied before they will not look at it again
I reminded them of the "interpretation act" where a postal item sent 1st class post is deemed to have been received 2 days later unless it can be proven it wasn't received.

Anyway they wrote back saying that has been overruled by some court case and unless I can prove they received the application they cant backdate it.

I went to citizens advice but unfortunately although i don't work and the only benefit I get is DLA my partner gets 18k a year which is too much to get free legal aid, but they did tell me that there is an "Anytime Appeal" and I should get someone to appeal that the decision was never made, or if it was then it was wrong,  as I have proof it was received in 2007.

What do people think? Do I have a hope with either? I was a lot lot worse in 2007, I had brain surgery couldnt walk for a long time afterwards, and had many other problems, some which I still have but basically I needed care almost 24/7 back then, I had nurses coming in twice a day to give me IV antbiotics and so on

in 2007


Sofie

  • Guest
Re: 2 questions if people don't mind me asking (DLA)
« Reply #1 on: December 16, 2011, 07:24:31 PM »
Quote
Also Can I send off the appeal but put in it more info to follow? As the date is so close.

yes you can. You can send things to the tribunal up to 7 days before the tribunal.

Monic1511

  • Moderator Welfare Rights
  • Hero Member
  • *****
  • Posts: 2343
Re: 2 questions if people don't mind me asking (DLA)
« Reply #2 on: December 16, 2011, 08:13:19 PM »
Hi Lew
you can appeal the recent decision but I doubt you have any chance at getting backdated benefit to 2007 as you cannot prove you sent the original claim - apart from that late appeals can only be accepted if you have "reasonable grounds for lateness" and the appeal must be received within 12 months of the original decision - you don't have an original decision as the DWP never made one as they never acknowledged receipt of the original claim.   I don't think you can appeal against a decision that was never made - others may know better.

Back to the recent decision though.
If you wish to appeal this decision you do a letter stating "I wish to appeal the secretary of states decision dated 22/11/11 regarding Disability Living Allowance.  the grounds for my appeal are that you failed to consider"   at this stage you refute each statement the DWP has made that you disagree with - if they say "although you fall you do not hurt yourself" you answer with "I fall frequently and have suffered these injuries"

If your appeal must be received by 22/12/11 then you need to draft your letter as soon as possible and send it recorded delivery on 19/12/11,  the post is especially slow just now and due to the volume of appeals being received it often takes 5 -7 days to get the appeal logged on the system.

So do your appeal asap & post it off, follow this up with a call on 22/12/11 to check that it has been received & if it hasn't ask them for a fax number - most won't give you one but you never know you might get a new/naive member of staff. >erm<
good luck
Monic

Sofie

  • Guest
Re: 2 questions if people don't mind me asking (DLA)
« Reply #3 on: December 16, 2011, 08:48:47 PM »
If it gets to tribunal stage, you can then write a much more detailed letter.

lew247

  • Bronze Member
  • ***
  • Posts: 16
Re: 2 questions if people don't mind me asking (DLA)
« Reply #4 on: December 16, 2011, 08:50:30 PM »
Thanks for that

However I DO have an acknowledgement letter from the 2007 claim, but no decision.

Monic1511

  • Moderator Welfare Rights
  • Hero Member
  • *****
  • Posts: 2343
Re: 2 questions if people don't mind me asking (DLA)
« Reply #5 on: December 17, 2011, 06:31:24 PM »
Thanks for that

However I DO have an acknowledgement letter from the 2007 claim, but no decision.

Although you have the acknowledgement you would still have had to ask them within 12 months for the decision.  I don't know the legislation but know that late appeals can only be accepted if received within 12 months.  You could try complaining but I doubt it will make much difference - after all why did you wait 4 years to find out if they had made a decision.
Monic