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Thread: Dla appeal

  1. #1
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    Dla appeal

    Hi, I have a DLA Appeal listed for December. My Low Care for Main meal test was removed when I asked for reconsideration due to deterioration of my health. I have been asked for 3,500 in overpayment which they wish the court to increase to 19 years overpayment. I know how the system works as I was benefits advisor for DWP for ten years. Although in addition to original problems with my hands for which I was granted DLA and Industrial Injury benefit 19 years ago, I now have diabetic complications, eating disorder, carpel tunnel, and depression and require help to manage these conditions and can still not make main meal, despite this DWP decided I do not qualify any rate of benefit or indeed ever have. Hence they are seeking the 19 years backpay from me. Part of their decision is the fact I am a Carer for my disabled daughter, I have taken a holiday abroad on a flight, I can walk (even though I have never claimed I have any mobility problems) I have worked for DWP, they knew I was disabled and I took discrimination case against them under DDA to get equipment I needed to carry out my job (they settled out of court)

    I have the original DLA claim form and the Doctor who examined me for DWP ticked only on column which stated I was unable to chop vegetables, he made no other comment and I was given a life award.

    Can someone who would have more knowledge that me on appeals advise does this mean I should only be judged on main meal test and if I still am unable to chop veg I should still qualify? Because the fact I can walk or go on holiday or look after my child should not be brought into the equation. They even state I have another child at home, he is fourteen and again should be irrelevant as this has nothing to do with my claim.

    They have not considered my new medical conditions and have accused me in writing of trying to up my claim to a level were someone can claim Carers Allowance and anything I say is highly improbable and possible misrepresentation. I have provided proof of my medical conditions and they have chosen to disregard this even the Carpel Tunnel test which cannot be faked.

    I am representing myself, any comments appreciated. Thanks


    I hope to win my Appeal as I feel I have been treated appallingly but do want to argue the point I only had cooked main meal test and anything else should not come into the equation.

  2. #2
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    my suggestion is to contact the tribunal to find out what decision will they be judging on the day, the past one, the new one or both, once you have that information then send the relevant evidence to the tribunal to back your claim for that decision

  3. #3
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    Quote Originally Posted by lorraine View Post
    Hi, I have a DLA Appeal listed for December. My Low Care for Main meal test was removed when I asked for reconsideration due to deterioration of my health. I have been asked for 3,500 in overpayment which they wish the court to increase to 19 years overpayment. I know how the system works as I was benefits advisor for DWP for ten years. Although in addition to original problems with my hands for which I was granted DLA and Industrial Injury benefit 19 years ago, I now have diabetic complications, eating disorder, carpel tunnel, and depression and require help to manage these conditions and can still not make main meal, despite this DWP decided I do not qualify any rate of benefit or indeed ever have. Hence they are seeking the 19 years backpay from me. Part of their decision is the fact I am a Carer for my disabled daughter, I have taken a holiday abroad on a flight, I can walk (even though I have never claimed I have any mobility problems) I have worked for DWP, they knew I was disabled and I took discrimination case against them under DDA to get equipment I needed to carry out my job (they settled out of court)

    I have the original DLA claim form and the Doctor who examined me for DWP ticked only on column which stated I was unable to chop vegetables, he made no other comment and I was given a life award.

    Can someone who would have more knowledge that me on appeals advise does this mean I should only be judged on main meal test and if I still am unable to chop veg I should still qualify? Because the fact I can walk or go on holiday or look after my child should not be brought into the equation. They even state I have another child at home, he is fourteen and again should be irrelevant as this has nothing to do with my claim.

    They have not considered my new medical conditions and have accused me in writing of trying to up my claim to a level were someone can claim Carers Allowance and anything I say is highly improbable and possible misrepresentation. I have provided proof of my medical conditions and they have chosen to disregard this even the Carpel Tunnel test which cannot be faked.

    I am representing myself, any comments appreciated. Thanks


    I hope to win my Appeal as I feel I have been treated appallingly but do want to argue the point I only had cooked main meal test and anything else should not come into the equation.
    Case Law on DLA Cooking Test at, 3.2 Cooking test (Preparing a cooked main meal) and 3.2.4 Use of oven, microwave and other adaptations, http://www.disabilityrightsuk.org/dlalaw.htm#oven and, http://www.publications.parliament.u...31/moyna-1.htm

  4. #4
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    Quote Originally Posted by davewhit View Post
    Its a very complex case and I think you really need expert help ...... as this is not just a claim for more help its a claim from dwp for everything back
    Have to agree with you DW, there's a lot more going on here. At some point (this year I presume)the OP asked for a reconsideration, which should have been a supersession if it was a case of health deteriation because reconsideration would be if an new application had been denied. How on earth that triggered a 19 year back payment that the DWP are claiming that the OP never had a right in the first place is................. I would also suggest professional advice but the OP says they are handling the case themselves.
    Th

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