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lizfiz

Disability mobility - should i appeal

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Hi,

I have been getting the mobility component of the disability living allowance for the last few years due to quite severe disc problems in my back and also sciatica. I have difficulty walking any great distance and i am in pain constantly. Throughout this time i have used my mobility allowance to have a car with motability and still do.

I randomly received a letter from dla asking about any changes, to which i answered no, there werent any. They then said they were sending a medical doctor, which they did do. I then received a letter from dla stating that i am no longer entitled to any benefit. I think they have based their decision mainly on the fact that i havent beenhaving regular prescriptions from my GP, the reason being that the majority of painkillers they give you either have extreme side effects or are addictive so i have learned to manage dosing up on paracetomol and ibuprofen religiously round the clock. I dont agree with their decision and i am going to appeal but i wondered if anyone can tell me what the process is? Like i said i still have a car, do i keep the car whilst appealing? How long is the appeal process likely to take? How long will it take if it goes to a tribuinal? I am worried sick about this as i have become totally reliant on the car for getting about and could not afford one if i had to pay myself. Can anyone give me any advice about appealing and also any experiences similar would be a big help.

 

Liz

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erm the car will not be insured or will not be getting paid for through the system anymore as they will not be recieving there money.depends on a appeal as they may overturn it without going ahead with tribunal but worth trying anyway,there trying to get people off it i mean if its really needed then please try your best but there is proper disabled people that need the money also and they are getting bad backs and depression off there books,as they are not classed as disabled.

Edited by kinkyklee

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Guest wino

I would definatly appeal.

I don't know about the insurance though, do you pay for it yourself or is it part of the mobility allowance?

If you pay then I would carry on useing the car untill your notified that it has to be returned

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Yes you should appeal, if you feel you are entitled, and if you feel you meet the criteria for the mobility component. There is a drastic cut at the moment in DLA being awarded, both to new claimants and renewals. A large percentage however, are overturned at appeal. An appeal can take anything between 3 - 9 months if it goes to tribunal stage.


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hi

best thing to do about your car is contact motability customer services team who will manage each case individually. use link for address & telephone numbers Motability - Contact us

 

Do tell them ASAP that your circustances have changed don't wait for them to come to you - also your car insuarance could become invalid & you really don't want togo there.

 

Go for the appeal, BUT DO IT RIGHT Get as much advice from local authority benefits advice line as you can, (get on your local county council websit) they may even complete the the appeals form for you, send it to you to sign & date then you post it to DWP, they should then refere you to your local LAW CENTRE you will almost certainly need there help as they will be your proffesional representation any medical advice they need from your Doctor they will request directly from your GP.

if & when you get the appeal papers through the law centre will help you complete them ALWAYS GO FOR THE ORAL TRIBUNRAL, they have the greater percentage rate of success, Paper tribunrals often fail.

 

Hope this helps. Good luck best wish's

 

J

 

& keep smiling :):D

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hi

best thing to do about your car is contact motability customer services team who will manage each case individually. use link for address & telephone numbers Motability - Contact us

 

Do tell them ASAP that your circustances have changed don't wait for them to come to you - also your car insuarance could become invalid & you really don't want togo there.

 

Go for the appeal, BUT DO IT RIGHT Get as much advice from local authority benefits advice line as you can, (get on your local county council websit) they may even complete the the appeals form for you, send it to you to sign & date then you post it to DWP, they should then refere you to your local LAW CENTRE you will almost certainly need there help as they will be your proffesional representation any medical advice they need from your Doctor they will request directly from your GP.

if & when you get the appeal papers through the law centre will help you complete them ALWAYS GO FOR THE ORAL TRIBUNRAL, they have the greater percentage rate of success, Paper tribunrals often fail.

 

TRY THIS LINK - http://www.staffordshire.gov.uk/cgi-bin/MsmGo.exe?grab_id=745&page_id=2884608&query=Benefits+appeal+advice&hiword=Benefits+advice+appeal+

 

Hope this helps. Good luck best wish's

 

J

 

& keep smiling :):D

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Thank you so much for all your help, i have already contacted motability who say they will put things on hold for 6 months and i will follow the link for advice on the appeal.

 

Any further help or advice would be greatly appreciated

 

Liz

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Take a look at the CPAG Welfare Benefits and Tax Credits handbook, the latest edition will have come out approx May, they usually cover appeals, supersessions and the like, as well as loads of info about all the different benefits with useful tips and legal case info! You can find it in the library or buy it at a reduced price directly from CPAG if in receipt of benefits.

 

Good luck.

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Thanks, will go to the library and have a look at that.

 

Still not fllled in the appeal form yet, burying head in sand im afraid.!!

 

Will check this out at the library tomorrow then fill in appeal and see where we go from there.

 

Thanks again

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Read the chapter on appeals first, it may be better to ask for a review or supersession first. These can change the decision and if not you still have option to appeal, but there are time constrainst so no more sand!! If my memory serves me correctly, if you appeal and lose there is no option for the revision or supersession, so if you do one of those first, depending on your circumstances, you get a double bite at the cherry!! Unless anyone else has any better idea?

 

Good luck!

 

JQ

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Thanks again, like i say i will go to the library tomorrow and have a good read.

 

Will keep you posted.

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there trying to get people off it i mean if its really needed then please try your best but there is proper disabled people that need the money also and they are getting bad backs and depression off there books,as they are not classed as disabled.

 

DLA is awarded on the effect not the cause!

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