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Claimant lost appeal against removal of low rate mobility but was not represented at the appeal.
I have been asked to assist with a DLA claim at a very late stage and I am not sure there is anything I can actually do to help.
The man was receiving low rate mobility and lowest rate care, both for an indefinite period. He then told the DLA that his condition had worsened but after completing the relevant forms, the DLA mobility was removed. The lowest rate care continued. The DLA obtained the usual medical reports and the decision to remove the mobility component was confirmed on appeal. Although a relative helped write a full letter at the earlier review stage, the man was not represented at the appeal and did not provide any submission for the tribunal. The man went to appeal with a friend and a relative. He says he has not receive full reasons for the appeal being refused by the tribunal. He also says he did not realise that benefit could be reduced by the DLA. He thought that as he had an indefinite award, it would either remain the same or be increased.
He is now thinking of going to the Upper Tribunal because he still believes that the DLA has wrongly assessed his care & mobility needs. Is the fact that he was not represented and that he did not understand that the award could be reduced, relevant now. If he went to the Upper tribunal, would he need much stronger grounds? Any advice would be appreciated.
When was the appeal?
Have you advised him regarding getting a SoR?
Without it, and there are strict time limits for getting it, the options are limited.
The appeal was was on 17 5 11 with a decision made on 19 5 11. I haven’t advised him to obtain a statement of reasons but I will do that immediately.
That act will protect the claimant’s rights.
Once you’ve got that, then you will be in a position to compare the decision with the evidence and identify any grounds in the usual way.
Thanks!