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Dla appeals talk me through please?

10 replies

Crawling · 14/02/2013 16:19

Can you talk me through exactly what the appeal process conrains please?

OP posts:
pannetone · 14/02/2013 22:49

Bump because I've just received a whole pack from the DLA saying my claim has gone to appeal. Actual experiences of preparing for and going to tribunal would be great.

pannetone · 15/02/2013 12:18

Another bump. Got a form from the tribunal today.

Grockle · 15/02/2013 12:27

Sorry, I don't think I can help but I am expecting to be turned down for DLA so will probably end up trying to appeal. It's all such a battle.

I have supported parents in applying for DLA but not in appealing because they all get it when they apply the first time.

I hope someone more helpful comes along soon.

Good luck.

chocjunkie · 15/02/2013 12:42

you fill in the appeals form(pretty short) and state why you disagree. then yet another decision maker will look at your case and if they stick to their guns, then it goes to tribunal. but chances are they will chance their mind (we were turned down for DD (autism), were turned down on reconsideration again. when I appealed they changes their mind to high (!) rate care.

what are you appealing?

pannetone · 15/02/2013 13:14

I've now been refused, had a reconsideration which didn't change the decision, asked to appeal, told had been looked at again but decision still stood, and case has been sent to tribunal. At what stage did you get DLA choc? I am now having to decide if I am going to the tribunal hearing, or letting the tribunal decide. I am going - they do tell you in the notes that the 'success rate' of appeals heard at tribunal is more than twice that without a hearing!

I am trying to get DLA for middle DS who was diagnosed with high functioning autism in Nov. My claim went in in June at which point he was already diagnosed with an anxiety disorder.I have kept submitting evidence as DS has had continuing CAMHs involvement and ASD assessment, including his diagnostic report. I have managed to claim successfully for DS2 who has HFA and anxiety but that was an adult claim as he was 16 when I claimed. I also got middle rate care and low rate mobility straight off for DD who has selective mutism and social and communication difficulties. (Being assessed for ASD to add to my 'collection'!)

So I thought I had some idea of how to complete the claim form and set out DS3's difficulties as being substantially greater than a child of the same age. Although DS is academically able and does not have behavourial difficulties as such, his anxiety levels mean he is often 'challenging' and on a day to day basis his needs are greater than average. Add to that the school does not recognise the difficulties DS's anxiety causes him and I'm almost beginning to wonder if anxiety 'counts' as an issue. But then you hear so much about the decision being fairly arbitary - reassuring to hear you eventually got high rate care choc!

chocjunkie · 15/02/2013 13:43

DWP changed their mind when I send it the appeal paperwork (i.e. it did not go t o tribunal).

Crawling · 15/02/2013 15:06

Its a decision for myself but you guys know the most about dla matters I got LRC and LRM but as I require help at frequent intervals throughout the day and 2 hours at night so I think I should get MRC at the least.

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MareeyaDolores · 16/02/2013 20:37

Ah, an adult. I was told theres a DWP book listing how much care you're meant to need for each condition. And "computer says no" if your form says you need more than that. i think they work on the assumption most claimants are lying, and the genuine will appeal.

Crawling · 17/02/2013 15:49

Thank you well ive asked for appeal forms to be sent out so we will see.

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MareeyaDolores · 18/02/2013 09:37

here

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