Disability Living Allowance

[fran1phil]

I am assisting a young man with his claim for Disability Living Allowance. He has (adult adhd, depression & anxiety).

 

He has been in receipt of DLA since child. His last award ended October 2013 and I helped him submit renewal/claim form. He got a quick response/decision initially, which had been to award 0 on both components. He asked for reconsideration and received new decision, which was an award of LRC & LRM.

 

He still wasnt entirely happy with decision and managed to get assistance from a support worker, who compiled a fairly comprehensive letter, giving reasons why claimant felt entitled to LRM & MRC. The letter went into quite a bit of details and showed how these conditions affect his everyday life.

 

The reconsideration was dated 15 November and the support worker posted letter; requesting appeal against decision etc.

The letter had been posted recorded delivery, so as to ensure got to them ok and within time.

 

Early/Mid January, there had been no response from DLA and so the claimant made contact by telephone, asking what was happening about his appeal request. He was told they had no record of having received such a request, over the next few days they made extensive searches internally - but stated they had neither received or processed anything further.

 

We managed to get a proof of signing, for the appeal letter, establishing it had been signed for by DLA on 17 December and a name. In the meantime, a letter turned up from DLA asking claimant to sign enclosed form, which had been to consent Support Worker to act on his behalf. He quickly signed and returned to them.

 

He contacted DLA by telephone about 1 week or so later. They said that it had not been processed as he had not filled in the form properly or given his reasons for appeal?? This was really strange, considering all reasons given in the letter by Support Worker, he told them that he had only signed and dated the form, to consent to support worker/letter acting for him. Saying he had not put any information in the small box, which asks for reasons for wanting to appeal - as not really relevant; emphasising the 'letter' in question, which adequately covered all aspects of reasoning etc.

 

They were very adamant about him not filling the form in properley, implying it may not be able to go to appeal owing to this etc. (I think this is the GL 34 form?). Anyway, the call centre staff referred him to more senior personnel, to discuss his letter and appeal etc. At the end of the conversation, the DM? he spoke to, had agreed with the letter and content being both adequate and relevant for things to proceed. Things were left seemingly ok?

 

3 days later, he telephoned DLA again as feeling insecure about matters, given the length of time already wasted. When he got through, he asked about it and was told it was on DM desk; pending appeal. So all seemed relatively ok.

 

A couple of days later, when he telephoned again - he gave his name and said he was chasing matter up and was then told 'INVALID APPEAL' This was not until after he had gone through the whole situation again explaining all from start to finish, before they could find any information. He was once again told, he had not filled in the form properly and that he must do so, ie: via GL34 and also, they said they require him to write to them requesting a late appeal owing to it submitted late.

 

This seems to be going round in circles and is taking far longer than it should.

 

]To reiterate:

 

reconsideration was dated 14 November 2013

 

letter/appeal request posted by claimant on 13 November 2013

 

Letter/appeal letter received at Benefit Centre on 17 December 2013? (rec del/signed for)

 

Approx Jan 12, when claimant called DLA - they said no trace of request/letter?

 

So they have had his request/letter since 17 December and it has neither been acknowledged or acted upon accordingly and to date they are just delaying things more and more, in keeping on requesting claimant to complete a form giving reasons for wanting to appeal - which he is not confident about doing and also it would not be anywhere near as professional as letter they have received. Almost 2 months this has been going on now and they expect him to write requesting late appeal???

 

Desperate for some guidance /advice please !!

 

What a Drama - I cant help but feel they have messed up and now trying to cover up. If claimant were to scribble down a few reasons for appealing /applying late etc, chances are they will use as preferred evidence and it will not be accepted.

 

Cant do right for doing wrong really????

 

Baffled,

 

Ms Phillips:???:

[45002]

I am assisting a young man with his claim for Disability Living Allowance. He has (adult adhd, depression & anxiety).

 

He has been in receipt of DLA since child. His last award ended October 2013 and I helped him submit renewal/claim form. He got a quick response/decision initially, which had been to award 0 on both components. He asked for reconsideration and received new decision, which was an award of LRC & LRM.

 

He still wasnt entirely happy with decision and managed to get assistance from a support worker, who compiled a fairly comprehensive letter, giving reasons why claimant felt entitled to LRM & MRC. The letter went into quite a bit of details and showed how these conditions affect his everyday life.

 

The reconsideration was dated 15 November and the support worker posted letter; requesting appeal against decision etc.

The letter had been posted recorded delivery, so as to ensure got to them ok and within time.

 

Early/Mid January, there had been no response from DLA and so the claimant made contact by telephone, asking what was happening about his appeal request. He was told they had no record of having received such a request, over the next few days they made extensive searches internally - but stated they had neither received or processed anything further.

 

We managed to get a proof of signing, for the appeal letter, establishing it had been signed for by DLA on 17 December and a name. In the meantime, a letter turned up from DLA asking claimant to sign enclosed form, which had been to consent Support Worker to act on his behalf. He quickly signed and returned to them.

 

He contacted DLA by telephone about 1 week or so later. They said that it had not been processed as he had not filled in the form properly or given his reasons for appeal?? This was really strange, considering all reasons given in the letter by Support Worker, he told them that he had only signed and dated the form, to consent to support worker/letter acting for him. Saying he had not put any information in the small box, which asks for reasons for wanting to appeal - as not really relevant; emphasising the 'letter' in question, which adequately covered all aspects of reasoning etc.

 

They were very adamant about him not filling the form in properley, implying it may not be able to go to appeal owing to this etc. (I think this is the GL 34 form?). Anyway, the call centre staff referred him to more senior personnel, to discuss his letter and appeal etc. At the end of the conversation, the DM? he spoke to, had agreed with the letter and content being both adequate and relevant for things to proceed. Things were left seemingly ok?

 

3 days later, he telephoned DLA again as feeling insecure about matters, given the length of time already wasted. When he got through, he asked about it and was told it was on DM desk; pending appeal. So all seemed relatively ok.

 

A couple of days later, when he telephoned again - he gave his name and said he was chasing matter up and was then told 'INVALID APPEAL' This was not until after he had gone through the whole situation again explaining all from start to finish, before they could find any information. He was once again told, he had not filled in the form properly and that he must do so, ie: via GL34 and also, they said they require him to write to them requesting a late appeal owing to it submitted late.

 

This seems to be going round in circles and is taking far longer than it should.

 

]To reiterate:

 

reconsideration was dated 14 November 2013

 

letter/appeal request posted by claimant on 13 November 2013

 

Letter/appeal letter received at Benefit Centre on 17 December 2013? (rec del/signed for)

 

Approx Jan 12, when claimant called DLA - they said no trace of request/letter?

 

So they have had his request/letter since 17 December and it has neither been acknowledged or acted upon accordingly and to date they are just delaying things more and more, in keeping on requesting claimant to complete a form giving reasons for wanting to appeal - which he is not confident about doing and also it would not be anywhere near as professional as letter they have received. Almost 2 months this has been going on now and they expect him to write requesting late appeal???

 

Desperate for some guidance /advice please !!

 

What a Drama - I cant help but feel they have messed up and now trying to cover up. If claimant were to scribble down a few reasons for appealing /applying late etc, chances are they will use as preferred evidence and it will not be accepted.

 

Cant do right for doing wrong really????

 

Baffled,

 

Ms Phillips:???:

 

 

Form GL24 has not been used since 28th October 2013 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275347/gl24.pdf

 

Please note:

 

You must only use this leaflet if you are appealing

against a decision made

before

28 October 2013.

If your decision was made

on or after

this date, you must not

use this leaflet. Your decision notification tells you what to do if

you think our decision is wrong.

 

Nadia.

 

Can I ask how old this young man is !

[estellyn]

The OP stated that it was a reconsideration decision that was being appealed. Bu you're right that it could be the change in rules and procedure that is causing the confusion.

 

 

Fran1phil, can you confirm what date the original award decision was (the LRM, LRC decision)?

[fran1phil]

Ok - firstly I apologise for delay in revisiting query, as it would appear queries above raised promptly.

To respond to above, on revising the details/letters I can confirm the following:-

 

 

Firstly, the young man in question is aged 24 years.

 

 

Original decision, to award 0 mobility and 0 care - was dated 24 October 2013. However, letter states that these awards are from and including 01/11/2013? The letter covers 4 sides of A4 paper and the last paragraph, advises of the right to appeal and makes reference to GL24, as being a means of finding out more about, how to appeal - it does not however, state you must use that particular form if you want to appeal?

 

 

I am pretty sure I have read somewhere, DWP guidance - which states it is not necessary to present an appeal using GL24 - you can present request in form of a written letter, covering all relevant info/details as required?

 

 

The young man responded to this decision, via letter in which he had requested an appeal against the said decision?j

 

 

He received a response to this, dated 13 November 2013 - in which the opening paragraph states: This letteris about your appeal against the DLA decision dated 24/10/2013. I have changed the decision so your appeal will not continue.

 

 

Letter dated13/11/2013, covers 5 sides of A4 paper, giving reasons for changing award/evidence relied upon etc. I notice that the last para in this 'entitlement letter' states you can appeal the decision by telephoning or writing to them within one month & again refers to GL24 as being a good source of info for making an appeal.

 

 

It had been following the DWP letter/decision of 13 November, a support worker compiled a letter to the DWP on young man's behalf, disagreeing with the decision reached, giving full reasons as to why and asking for the matter to be sent to appeal tribunal.

 

 

Everything seemed to be moving very quickly, through the process of determining original decision, even to mandatory reconsideration and changing decision to award of LRC & LRM - then the last letter sent to DWP, disputing decision/requesting appeal - everything gone 'weird'. Considering letter was dated 11 December and it is now 17 Feb 2014 and it is still floating around the dept and now deemed 'invalid appeal?' If that were so you would expect that inference to be made in the very early stages of process - not over 2.5months later!

 

 

Concerns now being: have they made an almighty blunder, in not following procedure and now trying to initiate a plan, to avoid any blame themselves?? I am so adamant for him not to give reasons himself for appeal etc via GL24 or any other means, as I do not see why this would be appropriate at all?

I also have concerns that in doing so, it could be used to serve their purpose, in becoming devoid of any blame. It is almost like a signed confession - (ie: unprofessional reasons, requesting late leave to appeal) afterall it wasn't late (maybe arrived a day or two later than it should have). Surely DWP are expecting to refer to Tribunal, within a set timescale, not just the customer (ie: 1 month rule).

 

 

If you can throw any light at all on this situation I would be so very grateful, I believe they have acted outside the 'rules/policies' in place and trying to pass the buck. However, proving that may be difficult, so hoping to get a few pointers in order to do this.

 

 

Desperately awaiting your response/advice and thank you so much for anything forthcoming regarding this situation.

 

 

Phew ! Hope I have covered everything??? thanks guys!

 

 

Miss Phillips

[45002]

http://www.consumeractiongroup.co.uk/forum/showthread.php?409515-ESA-claim-various-delays&p=4399942&viewfull=1#post4399942

Ok - firstly I apologise for delay in revisiting query, as it would appear queries above raised promptly.

To respond to above, on revising the details/letters I can confirm the following:-

 

 

Firstly, the young man in question is aged 24 years.

 

 

Original decision, to award 0 mobility and 0 care - was dated 24 October 2013. However, letter states that these awards are from and including 01/11/2013? The letter covers 4 sides of A4 paper and the last paragraph, advises of the right to appeal and makes reference to GL24, as being a means of finding out more about, how to appeal - it does not however, state you must use that particular form if you want to appeal?

 

 

I am pretty sure I have read somewhere, DWP guidance - which states it is not necessary to present an appeal using GL24 - you can present request in form of a written letter, covering all relevant info/details as required?

 

 

The young man responded to this decision, via letter in which he had requested an appeal against the said decision?j

 

 

He received a response to this, dated 13 November 2013 - in which the opening paragraph states: This letteris about your appeal against the DLA decision dated 24/10/2013. I have changed the decision so your appeal will not continue.

 

 

Letter dated13/11/2013, covers 5 sides of A4 paper, giving reasons for changing award/evidence relied upon etc. I notice that the last para in this 'entitlement letter' states you can appeal the decision by telephoning or writing to them within one month & again refers to GL24 as being a good source of info for making an appeal.

 

 

It had been following the DWP letter/decision of 13 November, a support worker compiled a letter to the DWP on young man's behalf, disagreeing with the decision reached, giving full reasons as to why and asking for the matter to be sent to appeal tribunal.

 

 

Everything seemed to be moving very quickly, through the process of determining original decision, even to mandatory reconsideration and changing decision to award of LRC & LRM - then the last letter sent to DWP, disputing decision/requesting appeal - everything gone 'weird'. Considering letter was dated 11 December and it is now 17 Feb 2014 and it is still floating around the dept and now deemed 'invalid appeal?' If that were so you would expect that inference to be made in the very early stages of process - not over 2.5months later!

 

 

Concerns now being: have they made an almighty blunder, in not following procedure and now trying to initiate a plan, to avoid any blame themselves?? I am so adamant for him not to give reasons himself for appeal etc via GL24 or any other means, as I do not see why this would be appropriate at all?

I also have concerns that in doing so, it could be used to serve their purpose, in becoming devoid of any blame. It is almost like a signed confession - (ie: unprofessional reasons, requesting late leave to appeal) afterall it wasn't late (maybe arrived a day or two later than it should have). Surely DWP are expecting to refer to Tribunal, within a set timescale, not just the customer (ie: 1 month rule).

 

 

If you can throw any light at all on this situation I would be so very grateful, I believe they have acted outside the 'rules/policies' in place and trying to pass the buck. However, proving that may be difficult, so hoping to get a few pointers in order to do this.

 

 

Desperately awaiting your response/advice and thank you so much for anything forthcoming regarding this situation.

 

 

Phew ! Hope I have covered everything??? thanks guys!

 

 

Miss Phillips

 

Hello Nadia

 

 

Appeals to the tribunal can take up to 9-12 months even long reading peoples experiences posted on CAG...

 

It should be pretty easy for you going to appeal anyway,as you son has had similar problem too I noticed http://www.consumeractiongroup.co.uk/forum/showthread.php?375464-Dla-appeal-errors!-help

 

Perhaps you son could help out with the appeal !

 

Good luck .

[fran1phil]

Thanks for your response 45002 - your right, my son has had problems with DLA previously, however I cant swear same or very similar situation, as this one. I should have thought a site such as Community Action Group, was full of people from various walks in life, with or without vast experience with disability allowance, with legal knowledge or without - would be far more likely to have encountered problems with their own DLA claims and considerations, making them even more appropriate for sharing their own experiences and giving advice information to people such as myself.

For one thing, my son not a member of CAG nor has any interest in such matters, whereas, generally, you will find the users of this site, that take the time to read and advise on peoples problems - actually have some affiliation toward wanting to assist 'fellow caggers' such as myself.

Also I was not aware of any policy, on CAG - which allows only one query in each category, per person (one size fits all!).

But please, if I am wrong - please make sure to let me know (which I have no doubt you would do, whether I asked or not!!).

If any of my queries offend you, then please feel free not to comment on them at all. If people have nothing helpful to say, best to say nothing at all really.

Thank you for being irritatingly unhelpful!

[45002]

Thanks for your response 45002 - your right, my son has had problems with DLA previously, however I cant swear same or very similar situation, as this one. I should have thought a site such as Community Action Group, was full of people from various walks in life, with or without vast experience with disability allowance, with legal knowledge or without - would be far more likely to have encountered problems with their own DLA claims and considerations, making them even more appropriate for sharing their own experiences and giving advice information to people such as myself.

For one thing, my son not a member of CAG nor has any interest in such matters, whereas, generally, you will find the users of this site, that take the time to read and advise on peoples problems - actually have some affiliation toward wanting to assist 'fellow caggers' such as myself.

Also I was not aware of any policy, on CAG - which allows only one query in each category, per person (one size fits all!).

But please, if I am wrong - please make sure to let me know (which I have no doubt you would do, whether I asked or not!!).

If any of my queries offend you, then please feel free not to comment on them at all. If people have nothing helpful to say, best to say nothing at all really.

Thank you for being irritatingly unhelpful!

 

Thank you for letting us know,good luck !

[estellyn]

Ok - firstly I apologise for delay in revisiting query, as it would appear queries above raised promptly.

To respond to above, on revising the details/letters I can confirm the following:-

 

 

Firstly, the young man in question is aged 24 years.

 

 

Original decision, to award 0 mobility and 0 care - was dated 24 October 2013. However, letter states that these awards are from and including 01/11/2013? The letter covers 4 sides of A4 paper and the last paragraph, advises of the right to appeal and makes reference to GL24, as being a means of finding out more about, how to appeal - it does not however, state you must use that particular form if you want to appeal?

 

 

I am pretty sure I have read somewhere, DWP guidance - which states it is not necessary to present an appeal using GL24 - you can present request in form of a written letter, covering all relevant info/details as required?

 

 

The young man responded to this decision, via letter in which he had requested an appeal against the said decision?j

 

 

He received a response to this, dated 13 November 2013 - in which the opening paragraph states: This letteris about your appeal against the DLA decision dated 24/10/2013. I have changed the decision so your appeal will not continue.

 

 

Letter dated13/11/2013, covers 5 sides of A4 paper, giving reasons for changing award/evidence relied upon etc. I notice that the last para in this 'entitlement letter' states you can appeal the decision by telephoning or writing to them within one month & again refers to GL24 as being a good source of info for making an appeal.

 

 

It had been following the DWP letter/decision of 13 November, a support worker compiled a letter to the DWP on young man's behalf, disagreeing with the decision reached, giving full reasons as to why and asking for the matter to be sent to appeal tribunal.

 

 

Everything seemed to be moving very quickly, through the process of determining original decision, even to mandatory reconsideration and changing decision to award of LRC & LRM - then the last letter sent to DWP, disputing decision/requesting appeal - everything gone 'weird'. Considering letter was dated 11 December and it is now 17 Feb 2014 and it is still floating around the dept and now deemed 'invalid appeal?' If that were so you would expect that inference to be made in the very early stages of process - not over 2.5months later!

 

 

Concerns now being: have they made an almighty blunder, in not following procedure and now trying to initiate a plan, to avoid any blame themselves?? I am so adamant for him not to give reasons himself for appeal etc via GL24 or any other means, as I do not see why this would be appropriate at all?

I also have concerns that in doing so, it could be used to serve their purpose, in becoming devoid of any blame. It is almost like a signed confession - (ie: unprofessional reasons, requesting late leave to appeal) afterall it wasn't late (maybe arrived a day or two later than it should have). Surely DWP are expecting to refer to Tribunal, within a set timescale, not just the customer (ie: 1 month rule).

 

 

If you can throw any light at all on this situation I would be so very grateful, I believe they have acted outside the 'rules/policies' in place and trying to pass the buck. However, proving that may be difficult, so hoping to get a few pointers in order to do this.

 

 

Desperately awaiting your response/advice and thank you so much for anything forthcoming regarding this situation.

 

 

Phew ! Hope I have covered everything??? thanks guys!

 

 

Miss Phillips

 

 

So what have you actually been told about the status of 11 December appeal?

 

 

From what I can make out from what you've said. An detailed appeal to the LRM,LRC decision had been made by the support worker. It sounds as if the form giving authority to act may have been a GL24 form (an appeal form) which has a little box asking why the person is making the appeal.

 

 

He or person acting for him needs to call and ask for a callback from a decision maker who can clarify the status of his appeal.

 

 

When you call to speak to a DWP call centre, it is basically a not benefits trained person who answers the phone. They can only go by the notes on the computer system in front of them. If the matter was being dealt with by a decision maker and was on their desk, it can be weeks before they get around to actioning it, as they have a huge pile of other appeals on their desk. Therefore the computer system might not have been updated by that time, or the person answering the phone didn't know how to find the information. This is the likeliest explanation and that everything is still proceeding ahead.

 

 

If there is some issue with the appeal a letter would be sent out explaining why - like when he was requested to complete the form to give the support worker authority. Anyway, speaking to a decision maker should make them physically look at the file and say what's going on.

 

 

As was said earlier, appeals take a long time - from this point it can be months before he hears anything, and if he gets confirmation that things are going ahead, getting freaked out and phoning every few days is just going increase his anxiety.

 

 

I'm a little concerned by the paranoia over the DWP - there isn't a conspiracy or plan, or anything like that. It goes like this, sometimes mistakes happen, sometimes things take a long time, sometimes post doesn't get where it should be going promptly (and other similar things). Doesn't mean there's a plot, just means you're dealing with a paper-computer hybrid system, staffed by flawed human beings.

 

 

Does that help?

[fran1phil]

Estellyn - your probably right, at the end of the day " to err is human . . . ." Etc.

Without being the sceptic, I am probably portraying myself as - things are just not going well with this claim! I would like to just update you on the situation and would be so very very grateful, for some help and advice. Everything seems to be going round in circles and since my original post , regarding this matter - things have not progressed well, if at all?

 

The "dla claim" remains at the DWPs / disability division and has still not been given 'final stamp of approval' for sending to the appeal tribunal - neither has there been any further reconsideration made by a decision maker. The latest scenario being, after telephoning the disability/DWP several times, & being given various accounts of the status of the claim - eg: it is on decision makers desk for processing, it is going to be going off to appeal tribunal to a complete turnaround and being told 'it's an invalid appeal' - the claimant told once again he must complete an GL24 form, so appeal process can be applied etc etc

Also claimant told he must also request permission for late appeal ?

 

Anyway, given their insistence on GL24 being completed, I sat down with claimant and said he should, give them what they want, and assisted him to complete the form , leaving no grey area's (as my concern is in their having this paperwork for so long - without being referred or reconsidered again already). It has to be said, things do not seem right, given that they have had the appeal letter/request since 17 December -come on? Does this really sound like normal practice to you. I am baffled by the whole thing now!

 

After completing GL24 -on which it was made clear, this had been completed after repeated requests . . . . ., referring to this appeal having been made/requested in writing on 13 December (decision date 14 November); posted recorded delivery, delivered and signed for by DWP on 17 dec (second attempt by post office to deliver, hence delivered a couple days later than 1month deadline). In requesting permission to appeal late, this was requested and worded " ..... By late appeal, 3 days late .....as for reasons for appealing/thinking decision wrong - it was simply stated by the claimant that he did not feel the DM had taken into account the profound effect his disability had on his daily functioning and refer you to my letter requesting appeal, dated 13 Dec etc.

 

He duly posted this back to DWP - I felt assured this would now serve to finalise things? ....... You would think so, wouldn't you? .......

But, you would be wrong. A few days ago, a response was received via letter, from the DWP - it went something like this . . . . .

Dear Mr DLA Claimant,

Thank you for conceding to complete and return to us, your GL24 form - requesting an appeal against decision 14 November, however, we are unable to proceed with your application as you are a month over the deadline for responding to decision made on 14 November!!!!!!!!!!!!

 

"Arrrrrrgghhhhhhhhhhh - why is nobody listening???? Decision date: 14 Nov, appeal request/letter dated 13 December, posted rec del, arriving DWP 17 December. - somebody, please tell me where this ' 1 month late is????'

 

Maybe it's me, I am probably slowly going nuts in trying to figure out, just how the DWP have figured out - 2 + 2 = 5

And even put it in writing - without anybody spotting the 'deliberate mistake in somebody's calculations,,,,,?

 

I am totally bamboozled!!! Please can you or anybody give me some much needed advice of how to proceed from here??????????????? Thank you soooooooo very much!!!!!!!

 

Ms phillips.

[fran1phil]

[estellyn]

Estellyn - your probably right, at the end of the day " to err is human . . . ." Etc.

Without being the sceptic, I am probably portraying myself as - things are just not going well with this claim! I would like to just update you on the situation and would be so very very grateful, for some help and advice. Everything seems to be going round in circles and since my original post , regarding this matter - things have not progressed well, if at all?

 

The "dla claim" remains at the DWPs / disability division and has still not been given 'final stamp of approval' for sending to the appeal tribunal - neither has there been any further reconsideration made by a decision maker. The latest scenario being, after telephoning the disability/DWP several times, & being given various accounts of the status of the claim - eg: it is on decision makers desk for processing, it is going to be going off to appeal tribunal to a complete turnaround and being told 'it's an invalid appeal' - the claimant told once again he must complete an GL24 form, so appeal process can be applied etc etc

Also claimant told he must also request permission for late appeal ?

 

Anyway, given their insistence on GL24 being completed, I sat down with claimant and said he should, give them what they want, and assisted him to complete the form , leaving no grey area's (as my concern is in their having this paperwork for so long - without being referred or reconsidered again already). It has to be said, things do not seem right, given that they have had the appeal letter/request since 17 December -come on? Does this really sound like normal practice to you. I am baffled by the whole thing now!

 

After completing GL24 -on which it was made clear, this had been completed after repeated requests . . . . ., referring to this appeal having been made/requested in writing on 13 December (decision date 14 November); posted recorded delivery, delivered and signed for by DWP on 17 dec (second attempt by post office to deliver, hence delivered a couple days later than 1month deadline). In requesting permission to appeal late, this was requested and worded " ..... By late appeal, 3 days late .....as for reasons for appealing/thinking decision wrong - it was simply stated by the claimant that he did not feel the DM had taken into account the profound effect his disability had on his daily functioning and refer you to my letter requesting appeal, dated 13 Dec etc.

 

He duly posted this back to DWP - I felt assured this would now serve to finalise things? ....... You would think so, wouldn't you? .......

But, you would be wrong. A few days ago, a response was received via letter, from the DWP - it went something like this . . . . .

Dear Mr DLA Claimant,

Thank you for conceding to complete and return to us, your GL24 form - requesting an appeal against decision 14 November, however, we are unable to proceed with your application as you are a month over the deadline for responding to decision made on 14 November!!!!!!!!!!!!

 

"Arrrrrrgghhhhhhhhhhh - why is nobody listening???? Decision date: 14 Nov, appeal request/letter dated 13 December, posted rec del, arriving DWP 17 December. - somebody, please tell me where this ' 1 month late is????'

 

Maybe it's me, I am probably slowly going nuts in trying to figure out, just how the DWP have figured out - 2 + 2 = 5

And even put it in writing - without anybody spotting the 'deliberate mistake in somebody's calculations,,,,,?

 

I am totally bamboozled!!! Please can you or anybody give me some much needed advice of how to proceed from here??????????????? Thank you soooooooo very much!!!!!!!

 

Ms phillips.

 

 

Phone up, ask to speak to a decision maker, explain that they accept the appeal or you will make the appeal directly to the Tribunal Service requesting a direction that the appeal be forwarded to them, put in a written complaint about the decision maker for maladministration, as well as contacting your MP.

 

 

And the proceed accordingly.