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DLA QUESTION
11 years 5 months ago - 11 years 5 months ago #114636 by Mel B
Replied by Mel B on topic DLA QUESTION
Hello everybody
I should be having my appeal soon and have some questions please.
I was issued a Blue Badge this August after the DWP awarded me low rate day care but at reconsideration again decided to refuse night care and highest mobility and also removed my low day care !!
I mentioned this to my young lady trainee advocate rep and raised the issue that I had been granted a disabled parking badge from one dept of the DWP and had been refused mobility from another DWP dept.
So there maybe some inconsistances or not here tha ?? if mentioned at the appeal could possibly help my case.
The application for a blue badge asks many questions re mobility and the info checked with other depts concerning benefits before issue.
Also I got my doctor to sign as I thought his signature would carry more weight than a solicitor etc. I have a copy of my application for this badge from the dept.
Do you think it would help my appeal to attach the copy application to my submission as my rep has added this issue to my submission at the moment OR take it to the appeal and if questions raised give it to them. OR not mention the blue badge at all and remove it from the submission altogether??
On the walking test I had mentioned before that the distance and time were wrong and there are serious inconsistancies in the medical report.
Although I will be focused on proving I meet the critera for my appeal my rep thinks they could adjorn the appeal for a futher walking test.
We dont know if they will or not but if they refuse me mobility on the day because they ignored the errors will this be a err in law ??
The panel will see the errors for themselves I hope but my rep will rebut this info on the walking test in her submission to the dept with others inconsistances as well.
The dept have refused me mobility based on the distance and time taken which is in error!!
I have scanned and printed maps of the street were my test was conducted and where my car was parked and using a wheelie distance measuring device taken distance readings to show the serious estimated distance used by the doctor.
Would it be prudent to attach these prints to the submission or again take them to the appeal and use them there on the day ??
Concerning Mobility I wish IF successful to use the mobility scheme to lease a SUV and the term is 3 years
In the submission can one ask that question that if successful a 3 year award be granted or at the appeal OR not at all ? You have to have 3 years I believe to use this scheme.
What happens if you are told at the appeal a award is only for say 1 year ??
Many thanks in advance
Mel b
I should be having my appeal soon and have some questions please.
I was issued a Blue Badge this August after the DWP awarded me low rate day care but at reconsideration again decided to refuse night care and highest mobility and also removed my low day care !!
I mentioned this to my young lady trainee advocate rep and raised the issue that I had been granted a disabled parking badge from one dept of the DWP and had been refused mobility from another DWP dept.
So there maybe some inconsistances or not here tha ?? if mentioned at the appeal could possibly help my case.
The application for a blue badge asks many questions re mobility and the info checked with other depts concerning benefits before issue.
Also I got my doctor to sign as I thought his signature would carry more weight than a solicitor etc. I have a copy of my application for this badge from the dept.
Do you think it would help my appeal to attach the copy application to my submission as my rep has added this issue to my submission at the moment OR take it to the appeal and if questions raised give it to them. OR not mention the blue badge at all and remove it from the submission altogether??
On the walking test I had mentioned before that the distance and time were wrong and there are serious inconsistancies in the medical report.
Although I will be focused on proving I meet the critera for my appeal my rep thinks they could adjorn the appeal for a futher walking test.
We dont know if they will or not but if they refuse me mobility on the day because they ignored the errors will this be a err in law ??
The panel will see the errors for themselves I hope but my rep will rebut this info on the walking test in her submission to the dept with others inconsistances as well.
The dept have refused me mobility based on the distance and time taken which is in error!!
I have scanned and printed maps of the street were my test was conducted and where my car was parked and using a wheelie distance measuring device taken distance readings to show the serious estimated distance used by the doctor.
Would it be prudent to attach these prints to the submission or again take them to the appeal and use them there on the day ??
Concerning Mobility I wish IF successful to use the mobility scheme to lease a SUV and the term is 3 years
In the submission can one ask that question that if successful a 3 year award be granted or at the appeal OR not at all ? You have to have 3 years I believe to use this scheme.
What happens if you are told at the appeal a award is only for say 1 year ??
Many thanks in advance
Mel b
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11 years 5 months ago #114641 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA QUESTION
Mel
These are questions that you should ask your Representative about
The criteria for the Blue Badge scheme are different from those for DLA Higher Rate Mobility, and it is possible to be awarded a Blue Badge even though a claimant has (legally) been found to not meet the HRM criteria. However, it is evidence of problems with walking and is therefore relevant evidence to a DLA claim.
If you had a medical as part of the re-assessment process, then it would be unusual for a second one to be required by the Tribunal unless their were believed to be significant errors in the original, it is not impossible that errors in the distances and timings used by the HCP will be considered as such, but as corrections to their statements can be made without necessarily requiring a medical, I think it unlikely that one will be requested, but I could be wrong. You need to bear in mind that a new medical may not be of any more assistance to your case and may just add a further set of problems.
My understanding is that Motability will accept an award of a year or more, however, you should be aware that they will remove a car within weeks, if the award is not renewed, even if a challenge to that Decision is lodged. For a DLA award to be made for three years, the panel must agree that there will no improvement in your condition over that period.
Gordon
These are questions that you should ask your Representative about
The criteria for the Blue Badge scheme are different from those for DLA Higher Rate Mobility, and it is possible to be awarded a Blue Badge even though a claimant has (legally) been found to not meet the HRM criteria. However, it is evidence of problems with walking and is therefore relevant evidence to a DLA claim.
If you had a medical as part of the re-assessment process, then it would be unusual for a second one to be required by the Tribunal unless their were believed to be significant errors in the original, it is not impossible that errors in the distances and timings used by the HCP will be considered as such, but as corrections to their statements can be made without necessarily requiring a medical, I think it unlikely that one will be requested, but I could be wrong. You need to bear in mind that a new medical may not be of any more assistance to your case and may just add a further set of problems.
My understanding is that Motability will accept an award of a year or more, however, you should be aware that they will remove a car within weeks, if the award is not renewed, even if a challenge to that Decision is lodged. For a DLA award to be made for three years, the panel must agree that there will no improvement in your condition over that period.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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