you couldn't make it up

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One Girl and her Big Dog

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you couldn't make it up

  • on: 15 Aug 2013 10:11PM
DLA appeal, bundle through (all 387 pages - including initial application (2009), appeal of initial decision(2010), application for supercision/refusal/appeal/revised decision (2011), application for supercision/refusal/appeal (2013)).

On the 'Facts' set out on first page, two of the most disabling dx are ommited (despite being very clearly stated on all forms, and mentioned by the assesing HCP (an actual doctor, who actually met me) in 2011). 

It is stated that earlier this year I was assessed by a medical professional for ESA and placed in the WRAG.

It is not mentioned that a)  the 'assessment' was a paper exercise b) I appealed, and was placed in the support group (backdated to when i was migrated).

Something tells me the Tribunal will not be impressed!

Fingers crossed the Tribunal service actually allows the appeal, given that it was late because - after telling me to wait 11 weeks before contacting them for information, they made a decision after 3 weeks and issued a letter which i never got.  When i rang after 11 weeks as instructed, i was told that a decision had been made 8 weeks previously!  Therefore no option but to make a late appeal - has anyone else had this?

auntieCtheM

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Re: you couldn't make it up

  • on: 15 Aug 2013 10:51PM
Wot a mess!   >hugs<

Monic1511

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Re: you couldn't make it up

  • on: 16 Aug 2013 06:42PM
Hi 1G

If you have received the papers you normally have an accepted appeal and will shortly receive the Tribunal Service form asking if you wish to continue with your appeal (forms called a TAS1)  the form normally then asks if there are dates/days you can't come, do you want a face to face hearing, will you accept a cancellation (please tick NO), next question is who is your representative, do you have any special needs (wheelchair access, loop, lift, taxi to venue)

Once thats received and sent away again, start working on a submission if you can, highlight the mistakes in the papers and where you meet the DLA criteria, if you can type it out, then its wait for a date & now its Showtime  >yikes< ;-)

good luck & I hope you have some support
Monic

Sunshine Meadows

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Re: you couldn't make it up

  • on: 20 Aug 2013 11:56AM
Quote
Therefore no option but to make a late appeal - has anyone else had this?

 >hugs< fortunately for me no.

The way an ESA outcome can be used as evidence in a DLA claim is worrying enough in itself but then the fact it is still being used despite a successful appeal is very worrying.

Getting put in WRAG of itself should not detrimentally affect a DLA claim or else people in work would not get DLA, so it must be something from the ESA claiming process that meant your DLA claim was negatively affected. Do you have you ESA 85A and can you work out what in your ESA claim affected your DLA outcome? If you can work that out did the ESA Appeal (that put you in the Support Group) accept that that piece of information/evidence was wrong.