DLA APPEAL ISSUE

Good afternoon all

I am awaiting a date for my appeal for dla care and mobility. Since my 2nd adjudicators dire decision to take away my original dla care award I have had a bad fall due to my ongoing medical issues.

I had this fall this july and have seen doctor, xays , specialist and physo. I have a torn rotator cuff of the shoulder that is not healing and will have to have an operation to repair tendons .

The waiting time and recovery will take me into July of next year. Therefore I forefill the critera of the 3 month and 6 month rule on this condition for dla care which they have taken away from me.

I would like to add this to my evidence on top of all the other evidence for my original claim.

As I am putting together my submission for the appeal should I include this change of circumstance in that and go to appeal as an extra back up?
Problem is after the op my arm will be better but my other medical issues will not.
Therefore I have a problem with what to do next!

Tell them.... Not tell them , in case it complicates matters or put it in my submission for the appeal ?

Or if my appeal fails re-submit another claim for dla on this issue?

On the subject of the 2nd adjudicator taking away my dla low day care.
I asked for reconsidertion for (not being awarded night care and no mobility)

It does state in the Act that a adjudictor may not take away an award if the issue had not been raised. Can I raise this issue at the appeal?

On the subject of the medical report and the walking test.

If I can prove that the examination was not carried out correctly and procedures were not followed and there are serious errors in the report for all to see and inconsistancies !
Would you in your opinion rate my chances high in winning , as the appeal panel would have no choice and not weighing this report as as it has been discredited?

Sorry its a bit of messy situation.

Just to clarify my position I live in the Isle of Man and we do come under the UK Act but the island at the moment have no intention of introducing PIP. My age 64 in Dec and am on incapcity benefit and have been issued with a blue parking badge because of my difficulties with walking.

I hope you can be of assistance again and thank you in advance for a fantastic service.

Kind regards

Mel b

I have to agree with Gordon. For your most recent injury you would need to make a new claim for DLA, since the Tribunal panel cannot consider anything after the date your Adjudicator reached their decision.

It's quite common for DLA appeals and a new DLA claim to run in tandem.

The Isle of Man legislation on social security can be found HERE

Hi Gordon

Thanks for the excellent advise. I see what you mean concering my recent accident although my condition caused this accident. cheers.

This accident has caused me difficulty and severe pain moving my right arm and as I am right handed I need help dressing putting on trousers , shirts , shoes etc.

I had originally dla low day care because of my other issues. spinal issue / two knee replacements causing me mobility problems etc. The first adjudicator awarded me this without any medical evidence and the medical report from their medical assesor.

When I asked for reconsideration for why I was not awarded dla night due to Nocturnal Protatasium and need the help of my wife to help me get up out of bed to go to the loo 3/4 times a night the dept asked for everything including the kitchen sink all medical reports etc which I did, loads of evidence. What makes me mad is with all this evidence the 2nd DM decided to remove my only award which smacks of spite as I have said before.

Concerning the DM taking way my award. The Social Security Act 1998 Pt 1 section 8/12
Decisions by an Adjudication officer.

Revisions of decisions
9 (2) does state . In making a decision under subsection (1) an adjudication officer need not consider any issue that is not raised by the application or as the case may be , did not cause him to act on his own initiative.
I did not raise my low day care as an issue and was happy with it. I just think he is wrong to do this because of this directive.

My point is (if) I had asked for middle rate day care he could have done what he did but i did not.

They will not explain why they have taken the award away. Makes my blood boil

My appeal has now been cancelled as they have to find another member for the panel because the disabilities fella has raised conflict of interest. God know when they will find a replacement !

I note wht you have said on the medical report issue , thanks. I will take this issue carefully as I dont really want another delay and another assesment. omg.

Thanks for you quality advise. cheers

Mel b

Hi Jim

Didnt know about the tandum claim, food for thought. Will see how my appeal goes I am confident of success.

Thanks for link.

Cheers

Mel b