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funkyweejen
Community member Posts: 3 Listener
Hi there. I was receiving dla with an indefinite award of middle rate care and high rate mobility for 7 years. I've had my decision looked at again with the mandatory reconsideration.
Their initial award was standard rate care and no award for mobility. With the mandatory reconsideration they then awarded enhanced rate care and standard rate mobility. Worried that if I appeal I will lose these awards even though it is just the mobility bit I want to appeal.
Losing my motability car has been a huge loss and a huge knock to my ability to get out the house when I need to go to appointments etc. In your opinion would it be worth doing the next stage of appeal or should I be happy with what I've been awarded and not risk losing it all. I can't decide what to do for the best.
Thanks for any help.
Their initial award was standard rate care and no award for mobility. With the mandatory reconsideration they then awarded enhanced rate care and standard rate mobility. Worried that if I appeal I will lose these awards even though it is just the mobility bit I want to appeal.
Losing my motability car has been a huge loss and a huge knock to my ability to get out the house when I need to go to appointments etc. In your opinion would it be worth doing the next stage of appeal or should I be happy with what I've been awarded and not risk losing it all. I can't decide what to do for the best.
Thanks for any help.
Comments
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Tribunals are supposed to warn the person in advance, even at the hearing, if they are minded to reduce or remove benefits and ask if they want to withdraw their appeal and keep the benefits already awarded.
You might want to re- post in Ask a benefits advisor category for a fuller response. -
Hi @funkyweejen If you're feel you have a strong case to be awarded the higher rate of mobility I suggest you do some research on the latest ruling for the 1st descriptor if that's the activity you disagree with, planning journeys as the criteria has been changed recently and may be changed again and claims may be put on hold till decisions are made. If it's the 2nd descriptor about walking ability you could book a call back from a Decision Maker to discuss their reasons why the reward is only the standard rate and why you think the decision is wrong. This will not risk you losing what you've already got as it's not a full review of the whole of your claim. I did this even after my Mandatory Reconsideration and it seemed like something anyone can do anytime before going to a Tribunal. Please correct me anyone if this is wrong. If you don't want to do that than as @Matilda advised ask the benefit advisors.
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Nothing to lose by appealing if you've already had money reduced or stopped
appeal appeal appeal if you're sure you are entitled to the amount you were previously awarded
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