Help with Motobility appeal

[Simon7685]

My advice to anyone dealing with a DLA decision, having now won 2 appeals and had to fight all the way is as follows;

 

a. If you are turned down you get nothing, so what do you have to lose in appealing........ nothing!

 

b. Do not bother wasting time on asking for a reconsideration, they rarely result in a decision being changed but take up valuable time. Instead ask for the appeal form straight away and submit it. They will still reconsider your case but it happens in a much quicker timeframe.

 

My first claim was refused, I asked for reconsideration and sent new evidence for my claim, it took from June 07 to May 08 to get to a tribunal.

My renewal was disallowed in July 09 and in Jan 10 the appeal was heard and won.

 

Reconsiderations are only going to succeed if the decision maker made a mistake in law. So putting yourself through the wringer waiting and hoping in my opinion isn't worth it, ask to go straight to appeal.

[Simon7685]

Moggy

 

If you need any help with your appeal, I am happy to help if I can. I do understand what it is like and how scary the appeals panel and hearing can be.

If you need it ask away.

[Simon7685]

Good to see you can keep a sense of humour as well Moggy but the bashing of the head will only mean you have to pay to get it fixed and a red lump on your head, just like in Tom and Jerry!

 

I have heard some good things about the welfare rights round by us but I couldn't get one in time, they seem very much in demand. There were 2 of the 3 cases accompanied by them yesterday, while I was at my appeal hearing.

[Simon7685]

I am sure you have already done this but also check the reasons they use for disallowing are accurate and factually correct. The GP who visited me in my home on their request, wrote in his report that I could walk 400 metres in an adequate manner and a normal speed. They used this as a reason for not re awarding my DLA. The fact was that the doctor never saw me walk more than 20 feet indoors using a stick. I agued that, at my tribunal and I think it helped me win.

 

The main point though, was it took me a few readings through the letter disallowing me, to pick that up and tie it in with what actually happened.

 

They can be very clever how they word things and sometimes you don't pick it up straight away, so keep going back to it and read it again until you have disected every last bit of it. I am sure that the welfare experts will go over a lot of it for you as well so hopefully everything can be challenged.

 

Another trick I have used at both my appeal tribunals. The tribunal service will ask you to submit any other documents you want included in the case papers at least 7 days in advance of the appeal date.

 

I took what I wanted them to know in the form of a letter on the day and it still gets included. I think that benefits you as they are reading it fresh just before they see you, I always start by apologising for the late submission but that I was to unwell to get it in any earlier and I date it the same day.

 

It definately has benefited me and it was very apparent at this appeal, with some of the things they said to me and that after reading my letter thry understood some of the things I had written in my application for DLA much better.

 

I hope some this is of some help to you. I will keep adding bits as I think of them for you. If you don't want me to, or get sick of it please just tell me, I won't be offended as I know I go on a bit sometimes:D

[Simon7685]

Hi Moggy

 

I am not 100% sure on this but it was my understanding that for your case to be referred to the appeal tribunal you have to complete and return form GL24.

 

This may not be the case but I remember ringing the helpline once about appealing and I was told that they would not accept an application for appeal without the GL24 form. How true that was I am not sure but it might be worth checking that your letter is accepted as an application to go to appeal tribunal. Or even just complete and return the GL24 just to be sure.

 

I'm sure someone with a bit more knowledge than me on here can answer it as well. Sorry if I am wrong about it but I thought it best to mention to you.

[Simon7685]

Moggy do they say why they want to contact your daughters new school?

 

If they have already made their decision and disallowed your claim and you have asked to appeal their decision at an independant tribunal, then they should have already completed their 'evidence gathering', so why should they want to do it now?

 

The idea is for the appeal tribunal to look at the information available at the time the decision was made to disallow your claim. If the tribunal request further information that is different.

 

I would check this out before you give permission.