appeal for DLA
Kiku
Community member Posts: 1 Listener
Hello , please can someone help me with information or advice regarding this following problem i am facing . I was on incapacity benefits with the premium payment as i suffer with severe back problems that cause my legs to go numb due to pinching nerves from my crumbling spine, it is a long term matter, in 2004 after having an examination etc they failed me , i then went forward and appealed , went to tribunal and won my case, after a few years went for another , no problems at all, i was still granted the benefits, but now i have very recently been for another medical examination and they have failed me giving me no points at all for any of my health concerns. mobility problems or the way my medical problems effect my everyday life. Once again i have moved forward and again i am appealing .
What i would like to know is , can they do this after being on this benefit for about 14 years , and in that time winning my last case ? It seems to be totally unjustified that i should go through all this AGAIN after winning my case prior and them knowing that this medical issue will never get better , but only worse with age and deterioration over the years. (for the rest of my life !)
please if there is any information or advice you can give me as to show the tribunal office that i have appealed and won the case in prior years that i can not be re-tried for the same matter, i would be grateful for your support .
What i would like to know is , can they do this after being on this benefit for about 14 years , and in that time winning my last case ? It seems to be totally unjustified that i should go through all this AGAIN after winning my case prior and them knowing that this medical issue will never get better , but only worse with age and deterioration over the years. (for the rest of my life !)
please if there is any information or advice you can give me as to show the tribunal office that i have appealed and won the case in prior years that i can not be re-tried for the same matter, i would be grateful for your support .
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Comments
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Dear Kiku,
Thank you for your question.
From time to time the DWP may decide to review your entitlement. If you are awarded DLA for a set period, you will need to renew your claim. For both reviews and renewals the DWP will look into your claim again to see if you are still entitled to receive the benefit. DLA is gradually being phased out now and has been replaced by PIP. It could be that you are living in an area where DLA claimants are being asked to transfer to PIP. This is a bit of a complex area but even with the new benefit PIP, claimants will still be expected to have their claims reviewed periodically. When you had your last appeal, did the judge give you a fixed term award and if so, how long was your award?
Best wishes
Scope Helpline
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