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Advice about reconsideration decision needed

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Please can anyone advise on this.

I had my DLA reduced on renewal from mrc/lrm to lrc/lrm. I asked for a reconsideration as they had dismissed my night needs.

Today I have just heard (they do time them to arrive at a weekend don't they, all mine have) that they have disallowed any award at all.

I saw somewhere that the reconsideration is backdated to the date of the original decision, can anyone help with if this is true and will they be wanting me to pay back the original renewal amount?

Thing is I am now likely to lose my home, I can't pay my rent or bills on what little incapacity benefit I have and I can't buy food so I am absolutely in a quandry.

I shall be appealing, though I have no expectation of winning I now have nothing to lose but I am worried in case they want me to repay the DLA.

As ever I am indebted for your help.

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You won't be expected to pay back any amount.

 

It is unusual for the DWP to do this on reconsideration, but not unheard of,as a different decision maker can view things less favourably. Good luck with the appeal.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thank you Estellyn, I was afraid that would be another debt. Do you have any idea what appeal success rate is? I am thinking I shan't win but with this decision I have nothing to lose so government done took me on!

Do you happen to know how council tax and housing benefit are affected by any chance?

The other thing I was wondering about is how does one locate and utilise a food bank? Any information would be helpful.

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..

Edited by a2o
Irrelevant.

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http://www.trusselltrust.org/foodbank-projects - near the bottom of the page it says 'click here to find your nearest foodbank'. Or just google your location and 'foodbank'. You may need a referral in order to use a food bank.

 

Appeal success will depend on the evidence you can get to support your appeal - do you see a psychiatrist? Paper appeals tend to be less successful, and need to be very well prepared in order to answer as many of the questions the Tribunal might have posed if you were there - best to get help from welfare rights or cab to prepare your case.

 

Whether other benefits will be affected will depend on your circumstances.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Again, my thanks for your help. I do have a welfare support worker but frankly. he's not very reliable nor efficient. However I am glad to have any support with most avenues having disappeared (the support is purely for forms).

At the risk of monopolising your time. Who needs to refer me to a food bank?

Also what evidence can I collate for the appeal?

I don't have a psychiatrist, not for some years. I have not for some years consulted anyone on my health, I was using the DLA for treatments more natural but now will go back for drugs. The very reason I got away from them in the first place, they didn't like me not taking drugs and were quite nasty about it. Many bad experiences with 'mental health services' have decided this. That will not go well for me either. Ah well, I can at least throw a spanner into the works and enjoy hurling it.

My appreciation for your shared knowledge.

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If you find a food bank website in your area it will tell you who can refer you.

 

Without medical evidence, sadly your appeal has a slim chance of success.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thank you again, you have been most helpful.

Oh there is an abundance of medical evidence, the DLA renewal and DLA reconsideration had plenty of medical evidence so both of their decisions are baffling.

I don't anticipate winning the appeal but I won't go down without a fight.

I have nothing left to lose now you see. I am in danger of losing my home, which took me a long time to get and no one is taking that without me taking someone down with me.

They declared war, I'm just defending my right to existence.

Would like to win the war but win or lose I will not run from the fight.

Thank you again, you have been most helpful.

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How old is your medical evidence?


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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..

Edited by a2o
Irrelevant.

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a2o, the only way HB and CTB is affected by your loss of DLA is if there are non-dependents living in your home that were previously not counted because you were in receipt of DLA. If that's not the case then your HB and CTB will continue as before.

 

The success rate at Tribunals for people who do not attend is very low.

 

DLA is not really about conditions, it is more about your need for care and mobility or supervision. Who currently helps you with your personal care and who help you with your nutritional needs? Will they still continue to help you now you no longer have DLA? That's the kind of thing you need to think about.

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Hello abc. Yes they had reams of information about my needs, especially at night when things get worse.

The truth is it feels as if they are working to a brief.

Some years ago I lost hrc and that stayed the same on reconsideration.

This time renewal took it to lr both then reconsideration nothing.

It feels (and my gut is NEVER wrong) as if they have been instructed to bring it down a level on renewal and if anyone challenges it then remove it completely, it just feels like it's not following any actual procedure of inquiry or even taking any notice of information.

It is my belief they are after it all, just look what they are doing to people on JSA with sanctions, it will make people ill to do work they hate for years for fear of a sanction if they don't so work related stress and no DLA for new claimants.

How many are we? And we each have a vote. Are we enough? I don't know but come election time they might want to be wondering how many people, directly and indirectly (family, friends who support etc.) have an axe to grind with them.

I'm for 'none of the above'.

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Does anyone know if I can also make a new claim and appeal at the same time?

Is there a waiting period after DLA before you can make a new claim?

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