Hi guys. Had a query from a colleague and looking for some help.

We've completed GL24's for 3 clients recently to appeal against their awards of DLA. Upon receipt of the GL24's these awards have been removed and benefit subsequently refused!

Anyone got any experience of this happening and if so, what regs are they using for this.

Thanks for your help.

usually when a gl24 is submitted dla do a automatic review before preparing the submission.

have they maybe done this and reviewed the decision? if they have a new decision should have been issued to tell you this.

not something i have came across before though i do advise it can happen if clients are awarded rates and want to challenge them.

I think it probably depends on timescale. Any decision can be revised if the Secretary of State commences action leading to revision within one month of the date of notification of the original decision (reg 3(1)(a) of the (Decisions and Appeals) Regulations. It may be that if the GL24s were received within the one month period, and a decision maker thought that the awards were not actually justified, s/he could have commenced action leading to revision (effectively on any grounds) within the month also.

Alternatively, under regulation 3(4A), where there is a timeous appeal against the original decision, the original decision can be revised at any time.In such cases, regulation 30 prevents the general rule in section 9(6) of the Social Security Act 1998 (that appeals lapse when a decision is revised) because the new decision is not more advantageous to the appellant. The appeal will, therefore, continue.

It is fairly rare to see a decision revised adversely in these circumstances (in my experience), but it is a risk inherent in the appeal process. Certainly, if someone was awarded HRMC on evidence that that they could walk 200 metres before the onset of severe discomfort, at a slow pace, normal manner, and could repeat that ability after a rest of 2 minutes, there could easily be a different view taken by a different decision maker where the award is put before them (e.g. on appeal)

the odds of 3 downward revisions on receipt of appeals from one advice source are extraordinary, imho and something is up. i hope you get to the bottom of it quickly...

Very odd - I have also not heard of this!

DLA reviews have to be on the basis of some information, rather than a diifering opinion - I presume your GL24's would not have contained any info adverse to the existing award, so where exactly did they get the fresh info from to remove the whole award?

what sort of info had been sent on / with the GL24s?

In 16 years of advice work i've not had this happen at all - i would definitely be suspicious.

Wouldn't it depend on what was written on the GL24?

If the appeal grounds are given as 'I'm not entitled' then wouldn't that give grounds to revise/supersede?

No actual grounds for revision are required in these circumstances, other than either that action that led to the revision was commenced by the Secretary of State within a month of the original decision or that the revision is carried out following receipt of a timeous appeal, but before determination by a tribunal.In general, the DWP may not see it as desrirable to change decisions so as to lower or remove awards on revision simply on a difference of opinion between two decision makers, but remember it works the other way as well - we certainly have cases where an award is made or increased on appeal without further evidence, and that can only be because the second decision maker takes a different view to the first decision maker as to the merits of the case.

I was thinking that if three Gl24's resulted in awards being superseded to nil I would hazard a guess that the problem is more likely to be in what is written as th grounds to appeal.

i.e. I find it difficult to do the full walk around my Tesco Extra, by the time I get to the end I'm quite tired and therefore I am virtually unable to walk.

Going off topic.......

A few years ago a renewal claim went along the following.

Prev award HRM/MRC.

On renewal pack wrote could walk 75yds, totally forgetting to mention he had only the one foot (and the leg to go with it.)

"I disagree with your decision, I cannot do anything for myself, I need someone to do all my gardening and housework, also to take me to the shops and help me carry the shopping because it's over a mile and there's no buses. My niece has to ring me up every evening to check that I am alright, I fell in the shower in 2006 and do not like taking showers on my own. Also someone has to make my lunch every day as I can only do sandwiches, my wife used to do all the cooking."

You mean something like that?

do you mean me?

I'd say there may be something to argue in there.

It's just that sometimes the contents of a GL24 are of more hindrance than help.