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Thread: DLA Appeal

  1. #1

    DLA Appeal

    Hi,
    I am appealing my daughters DLA refusal,does anyone know if I can send in extra evidence and where I would send it to? Thanks

  2. #2
    Senior Member nukecad's Avatar
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    At what stage is your appeal? ie. Is it still at Mandatory Reconsideration with the DWP, or have you lodged an appeal with the court tribunal?

    You have to do the MR before you can appeal to the court tribunal.

    The answer to that should tell you whether any extra evidence that you have should be sent to the DWP or the court.

    If it is at the court then you could wait until you have received the DWPs 'Court Bundle'.
    That is their argument/evidence to the court as to why they have refused, and seeing that argument should help you see what you need to argue against.

    This page from CAB explains about asking for a MR and appealing against benefit decisions.
    https://www.citizensadvice.org.uk/be...efit-decision/
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  3. #3
    I have appealed and I have the DWP bundle but cannot find where I can send extra info,I have emailed the Tribunal Courts but have had no response. She has been turned down based on not enough information I think so I have gone out and got more info myself. She has ADHD and ASD diagnosis,plus titanium growing rods in her back due to Scoliosis, I explained how all these affect her day to day but they said she has no more needs than a 'normal' child her age.
    Also my daughter is turning 16 soon,can I apply for PIP for her while this appeal goes ahead as obviously even if we win the Tribunal it will only be paid till 16 years of age unless I am mistaken?
    Thanks for any help.

  4. #4
    Senior Member nukecad's Avatar
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    It should tell you on the letter accepting your appeal where to send any evidence. (and on the letter that came with the court bundle).

    You can also phone the Clerk of the Court for advice where to send it, again the number should be on any letter you have had from the court.
    (They could also confirm whether they received your email).
    The clerks are usually very helpful, it's part of their job to help appellants with court procedures.

    You have to be over 16 to apply for PIP, so you'll have to wait for her birthday if you want to do that.

    TBH I'm not quite sure how it would work if you win at the tribunal, normally when a child is 'invited' to claim PIP at 16 their DLA payments continue until the PIP decision is made.
    https://www.gov.uk/disability-living...child-turns-16
    But yours is an odd circumstance.
    Technically until the tribunal makes a ruling she does not have DLA so there is nothing to continue.

    You could ask the court about that at the tribunal itself, or in a letter before the tribunal is held.
    Request that if they do rule to reinstate the DLA then would they also rule that it should continue until a decision is made on her PIP application.
    (You can ask the court for things like that, and as the old saying goes - If you don't ask.....)
    Last edited by nukecad; 07-05-2019 at 03:18 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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