DLA AWARD TAKEN AWAY BY ADJUDICATOR.

Hello members
This is situation that has happened to me this week.

I had been awarded DLA low day component @19.90 per week and had been getting this for a few weeks. I had claimed for day and night care as I have Nocturia which means I have to go to the loo 2/3 times every night.
I have a spinal condition and have had two total knee replacements both are giving me a great deal of constant painand am on pain killers 24 /7. I need my wife to help me get up and out of bed to go to the loo so I expected the middle rate day and night as she helps me during the day as well.

I asked for a reconsidertion and they asked for my medical records ( dont know why they didnt want them when I offered them with my original claim, they refused them at the time ) but now needed them ??!!

I supplied them with all documentation from the specilists on all my medical issues in great depth and got my GP to write a comprehensive letter supporting my claim and advising them of my Nocturia since 2009 and that my wife helps me at night.

Their independant medical assesor who saw me also wrote about this condition and it was mentioned twice in his report that I get help at night from my wife.

I received the second adjudicators decision this week and I could not believe what I read.

This adjudicator who had all the medical reports and my GP's letter has taken away my day care DLA and has stated that I am NOTentitled to any DLA what so ever!! WHAT !!

I thought the Appeal Tribunal could only take away an award not an adjudicator. It states in their leaflet that: if you think the decision is wrong we can change it . I read it as changing for the better as the decision was wrong , not we can take awards away !!

Any comments would be welcome on this situation, has this happened to you ?? can they do this?? thanks in advance.
I have asked for a detailed explanation within 14 days and will take this to Appeal asap.

Cheers

Mel B

Decisions on entitlement to any social security benefit are made by DWP Decision Makers, formerly called Adjudication Officers under the old DHSS and DSS.

An award of DLA is made by a DWP Decision Maker and can only be withdrawn if another Decision Maker, not necessarily the one who awarded your your DLA, writes to you and gives a valid and legal reason why it's been stopped. Their decision can be appealed to a First-tier Tribunal.

Hello Jim

Thanks for you reply. The letter does not give me any reason why they have taken it away nor why they are not awarding me night care. It just states we are taking away your dla from the 4th Sept and are not entitled to any dla. They only refered to the legistration on the back of the letter which they work too. No explanation what so ever. I have asked for a full detailed explanation as I have said.
I will have to wait till they reply but have the appeal form ready to submit before I get the explanation to save time. They wont change it back I am sure!!
What a pain they are . One person says yes the next No! what is going on no consistancy..
The system is not fit for purpose.

Cheers

MelB

Hi Mel,

It's not sufficient just to quote the legislation, you have to be provided with clear and understandable reasons in plain English. A failure to do so is a 'breach of natural justice' i.e fair play at work and would be set aside by a Tribunal.

We seem to be down on moderators this evening and it's only ten minutes until the forum closes.

I have to go on my oxygen now, so am logging out soon. Perhaps if the other mods are busy, they will give more input tomorrow.

Good luck.

Jim

Hi Jim

Many thanks take care.

Mel

Hi Jim and all

Well to continue with my rejection of my night time care component and the removal of my original day dla component.
Well it only took them 2 days to reply !!
I asked them for FULL and DETAILED explantion of why the second adjudictor overturned the originl descison and why they still did not consider their medical assesors and my doctors reports.
The wrote back without answering my questions. They just said that in the Second adjudictor did not FEEL that I , then listed from the laid down critera a b c d e !! , you dont need this , dont meet that etc. No logical explaination just quotes.
Also just quoted from the legistration : that based on medical details contained in your claim etc adjudicator felt.
They also attached again the information , The law used to make this decision.

What makes me angry and my wife is they are saying I dont need ANY help at all.

Are they with me all day and night !! How can they make that assumption? thats what it is !

I am on IB and have sick notes from my doctor and have a blue badge all supported by medical evidence WHICH THEY HAVE !! I am 64 in Dec so will be on IB till 65 as I cannot work.
Will they take them away as well. This smacks of vindictivness because I challanged them and used all the help from this excellent site. Its like : who does he think he is telling us how to do our job and so take this and see how your like it !! ARRGH !!
OFF to appeal now!!

Mel B