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Thread: D.L.A ignored my change of circumstances...

  1. #1
    New Member
    Join Date
    May 2012
    Location
    Lydd Kent
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    D.L.A ignored my change of circumstances...

    Hi everyone,

    After being told 2 weeks ago that my tribunal desicion stands i told them to send me a letter of conformation.
    So i was led to believe that my change of circumstances and bundles of new evidence from all doctors concerned
    with my mental and physical health being a lot worse than my first D.L.A form mean't nothing!!!

    So i waited for my letter and when it came it turned out to be my tribunal desicion!
    So i phoned dla back and said they sent the wrong letter as i already had that one -obviously-
    To cut a long story short dla received my change of circumstances 12th june 2012-and the Tribunal decision
    on 14th june 2012.
    So basically they thought my coc crossed in the post and ignored it i was horrified as i had received 2 letters telling me to give them the 11 weeks wait before contact.

    So now the lady i spoke to is writing an email to appeals explaining there cock up and appeals are requesting my change of circumstances form and new evidence, to be reviewed also for it to be looked at as still dated 12th june,
    So either 1) they will challenge the tribunal desicion based on my new evidence - or -
    2) go by my coc form and evidence.
    I need do nothing unless they need more information,
    AND YES YOU GUESSED IT i am back on an 11 week wait!!!

    This system is so frustrating.
    lexy.

  2. #2
    davewhit
    Guest
    Quote Originally Posted by vwkamper View Post
    Hi everyone,

    After being told 2 weeks ago that my tribunal desicion stands i told them to send me a letter of conformation.
    So i was led to believe that my change of circumstances and bundles of new evidence from all doctors concerned
    with my mental and physical health being a lot worse than my first D.L.A form mean't nothing!!!

    So i waited for my letter and when it came it turned out to be my tribunal desicion!
    So i phoned dla back and said they sent the wrong letter as i already had that one -obviously-
    To cut a long story short dla received my change of circumstances 12th june 2012-and the Tribunal decision
    on 14th june 2012.
    So basically they thought my coc crossed in the post and ignored it i was horrified as i had received 2 letters telling me to give them the 11 weeks wait before contact.

    So now the lady i spoke to is writing an email to appeals explaining there cock up and appeals are requesting my change of circumstances form and new evidence, to be reviewed also for it to be looked at as still dated 12th june,
    So either 1) they will challenge the tribunal desicion based on my new evidence - or -
    2) go by my coc form and evidence.
    I need do nothing unless they need more information,
    AND YES YOU GUESSED IT i am back on an 11 week wait!!!

    This system is so frustrating.
    lexy.
    there is a BIG differeance between new evidance and more evidance NEW evidance can not be used at the tribunal more evidance can.

    if you have new evidance you need to ask for a suppersession or a word like that ;-) by the dla people then if they say no it would be up to you to appeal again

    the tribunal looks at the state you are in when you applied for dla and all evidance that backs up the case

    as you say you have got worse they could not look at that or evidance that supports that postion

    when you say appeals are asking for COC and new evidance is that the tribunals service or people at dla who are looking at claim again.?

  3. #3
    New Member
    Join Date
    May 2012
    Location
    Lydd Kent
    Posts
    13
    Hi,

    My coc was all new evidence and the tribunal told my husband that they couldn't take that on board because it was new!
    The tribunal judge told my hubby for me to put in a coc to the dla as both my mental and physical conditions had changed
    drastically since my first claim- as the system takes so long-

    It is the dla looking at all my new evidence and form i have also sent them a disc with all my spinal evidence to verify my
    condition. ( which the woman on the phone said she's never heard of anyone doing that before )

    lexy.

  4. #4
    davewhit
    Guest
    thats right tribunal cant look at new evidance they look at the evidance at the time you asked for a review or when the claim was made a change of a dla award because of new evidance is called something llike a suppersession which of course can still go to tribunal if theydont up the award or as in some cases they lower or stop the award

    info on disk is not new apart from paper work when I asked for a review of dla I was just on higher mobility I supplied DVD with scans of letters dla form and mri scans with veiwing software It took five weeks from posting to new award letter giving middle care indef and higher mobility indef still too last Feb there was a rush on B&W for people to get higher awards of DLA many where done and succesful within 6 weeks one lady 2 weeks

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