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Forum Home  →  Discussion  →  Disability benefits  →  Thread

wrong information on DLA application

Ed Pybus
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Welfare rights worker for disabled children and families - CPAG in Scotland

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Total Posts: 40

Joined: 19 September 2012

i’m looking at an appeal for a clt who is claiming DLA obo of her 17 yo daughter. The claimant was receiving HRM/HRC this has been reduced to MRC/HRM. The main reason for this is the clt indicated on the DLA form that her daughter has no care needs at night (clt was unsure how to complete the form and didn’t seek assistance). Previous DLA application had been completed by the daughter’s school. This is the first time the client had completed the form obo her daughter. There is social work report that indicated daughter needs care at night - this was submitted with the appeal. The decision has not been overturned and is going to tribunal.
Just wondered if anyone had any pointers that could help to argue that social work report should be given more weight than the claim form, or any other tactics. The client is DWP appointee and I believe has power of attorney.

Pete C
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Pete at CAB

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Joined: 18 June 2010

Tribunals are under a duty to act ‘inquisitorially’ and to weigh up all the evidence in a fair way and that may include asking the appellant why they did not mention something relevant on their claim form(see CDLA/41/2008).There is no automatic presumption that one bit of evidence is more valuable than any other.

There is one case that springs to mind though, CA/1481/03 where it was held that on the strength of medical and other evidence that the appellant had care needs even though she herself robustly denied it.