Introduction
Are you unhappy with a recent decision regarding your child’s Disability Living Allowance (DLA) claim? If so, you have the right to challenge that decision and potentially secure a better outcome. This guide will help you understand the steps you can take to contest a DLA decision, from requesting a mandatory reconsideration to gathering the necessary evidence. If you need assistance along the way, Contend’s highly trained AI legal experts are here to provide guidance and support, making it easier for you to navigate your legal challenges. Remember, with Contend, you have access to the easiest legal help in the UK.
If you’ve recently received a decision about your child’s Disability Living Allowance (DLA) claim and you’re not happy with it, you have the right to challenge that decision. Common reasons for challenging a DLA decision include being told your child is not eligible for DLA or receiving a lower rate than you expected.
While it’s possible that the outcome could result in a lower allowance or even no allowance at all, many people have successfully overturned unfavorable decisions. It’s a good idea to seek help from Contend’s legal expert chat when considering a challenge. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems.
Step 1: Request a Mandatory Reconsideration
The first step in challenging a DLA decision is to formally request a “mandatory reconsideration.” This means asking the Department for Work and Pensions (DWP) to review their decision.
You can do this in one of two ways:
-
Use the CRMR1 Form: The easiest way to request a reconsideration is to fill out the CRMR1 mandatory reconsideration request form available on the GOV.UK website.
-
Write a Letter: Alternatively, you can write a letter to the DWP explaining why you disagree with their decision. Make sure to include your child’s details and the specific reasons for your disagreement. The address you need should be on the DLA decision letter you received.
Important Timing
You need to submit your request for mandatory reconsideration within one month of the date on your decision letter. If you’re worried that your letter might not arrive on time, it’s a good idea to call the DLA helpline and inform them of your situation.
If you miss the one-month deadline, you can still ask for a reconsideration, but you must do it within 13 months of the decision. In this case, you’ll need to explain why your request is late, such as personal issues or illness.
What to Include in Your Request
When filling out the form or writing your letter, be specific about why you disagree with the DWP’s decision. Here’s how to do it effectively:
- Reference the Decision Letter: Look closely at the decision letter and note down the parts you disagree with and your reasons for disagreement.
- Provide Evidence: Include facts, examples, and any medical evidence that supports your case. Using the same language as the DWP can help clarify your points.
Here’s an example of how you might phrase your disagreement:
“Your letter states that my child is not entitled to DLA because he does not require constant supervision. This is incorrect. I must be in the same room as him at all times to prevent him from harming himself. He has previously caused injuries to himself and others when left unattended.”
After You Submit Your Request
Once you submit your request for mandatory reconsideration, the DWP will review your case. However, there is no set timeframe for when they will respond; it can sometimes take several months. You will receive a “mandatory reconsideration notice” with their decision.
- If the Decision Changes: If the DWP decides to change their decision, your DLA payments will start immediately and will be backdated to the original claim date.
- If the Decision Stays the Same: If the DWP does not change their decision, you still have options. You can appeal to a tribunal, which is the next step in the process.
Need Help?
If you find yourself overwhelmed or if your request is rejected, don’t hesitate to reach out to Contend’s legal expert chat for assistance. Their AI legal experts can help guide you through the next steps and ensure that you understand your rights and options.
Remember, you’re not alone in this process, and many people have successfully navigated it with the right support. Don’t hesitate to seek help! Contend is the Easiest Legal Help in the UK.
For more info, check out some of our related articles:
