DLA disability living allowance claim denied
Submitted by Dirtyghost on Thu, 29/04/2010 - 00:37
I recently put in a claim for DLA and it has been returned to me as claim denied.
Ive had an operation on my back for trapped nerves and the op has been unsuccessful and has left me with sever pain and on serious pain killers for it the strongest available which kind of makes me unemployable.
They have contacted my surgeon and asked him for information and on this information they have made the decision, the problem is i haven't been back to see my surgeon yet as my appointment is in 2 weeks time so he has given them information without knowing that there is still a major problem and they have acted upon this info, can they do this or can i have this overturned.
what would you advise i do.
Thanks in advance Matthias.
I don't know how long ago you
I don't know how long ago you had your operation but if you have not seen the surgeon since the operation I am not sure how he would know that the operation had not been a success. He probably replied on this basis. I would suggest you wait until you have seen him and then if he agrees that the operation has not been a success appeal the decision and ask if he will back up the application. If not, try your GP as no doubt you have been in touch with him regarding the painkillers. Information regarding any appeal can be obtained from the DWP website and the following links provide information about DLA and how to appeal a decision:
DWP Guide to DLA
DWP Guide on Benefits Appeals Procedures
This is not my field of legal expertise but hope it helps.
I am a Fellow of the Institute of Legal Executives and have worked in the law all my working life. I joined Sarginsons 2002 and head the Probate team dealing with wills, trusts and administration of estates.
Telephone: 024 7655 3181
There is also a good deal of
There is also a good deal of very helpful and above all practical assistance to be had on the www.benefitsandwork.co.uksite. There is a small fee to pay to subscribe but the information available is worth the money particularly if it leads to a successful appeal.
Richard Paremain
Ask them to reconsider your
Ask them to reconsider your claim first, then if that fails state that you wish to appeal but state that you want on oral hearing. In the mean time contact CAB or your local law center if you have one.