has anyone had a dla decision overturned for DLA?

Anthillmob · 4 October 2006 at 11:23AM

ive been claiming disability living allowance since 1999 and only get low rate care.

i recently put in a claim to have it looked at again as my arthritis is much worse than it was back then. they replied todayh that the decision remains unchanged.

ive done a reconsideration over the phone so am waiting their decision.

they aparently decided that things like not being able to carry shopping and needing help with my baby are 'domestic chores' and therefore are not counted.

they also never even contacted my doctor or consultant for any information.

how can they base their decision on just what ive said?

has anyone asked for a reconsideration and won? im willing, if they turn it down again, to take it to appeal.

kevtrader · 4 October 2006 at 12:23PM

When I first claimed for DLA in 2003 I think I got low care and low mobility so I asked for a reconsideration but the decision was unchanged so I appealed. On the day of the appeal they phoned up to say not to bother coming to the appeal as it has been ruled in my favour so I got mid care and low mobility. The thing that stands out in my mind was it was a hot and sunny day so I don't know if that had anything to it.

I don't know if that helps your or not but I hope you get lucky!

Athravan · 4 October 2006 at 1:06PM

I had my application for mobility DLA turned down but won it on appeal - I myself was in hospital at the time and did not attend the appeal but my carer did and said it was very informal & the people genuinely seemed to care and not just want to keep you from claiming money.

You can submit information for an appeal from doctors, I think - I had to go in and ask my GP for a letter and submit it as medical evidence. The more you do off your own back to get evidence then the better it is for you, because often they won't go out of their way to get that evidence unless you are providing it, and then they will look at it. That was my experience.

fabwitch_2 · 4 October 2006 at 2:37PM

I applied for my son and was turned down so I phoned them up and asked for a reconsidering. They told me I had four weeks to provide extra evidence which I did. I found a good site on the net which gives you advice how to word your claim and sent in a nine page letter saying why I thought there decission was wrong and kept enthesizing that compared to a child the same age my son could not do this etc etc. Also it was suggested that when you write in with extra evidence start the letter by saying how difficult you found the forms to fill in and that you believe that you did not give enough detail in the claim. This way it makes them think its not their mistake. It certainly worked for my son and he was awarded low rate mobility and middle rate care. Here are some useful sites that I found very benificial in helping to get the DLA.
http://www.rochdale.gov.uk/PublicServices/helpAdvice.asp?url=brief30

http://www.rnib.org.uk/xpedio/groups/public/documents/PublicWebsite/public_challenge_decision.hcsp

http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=300&a=3330

TraciJ2 · 4 October 2006 at 2:45PM

To-date, i have made four claims and have been refused four times. I'm beginning to think they recognise my name and just print off the bog-standard letter now as the points they raise to tell me I'm not entitled are the same every time EVENTHOUGH i counter-claim them every time i ask for an appeal! Just about getting to the stage when I'm ready to give it all up.
any suggestions?

Anthillmob · 4 October 2006 at 6:31PM

am i right in presuming if it does go to appeal it will be done by the same appeals tribunal who do housing benefit appeals? ive sat in on one of those at work and it was very relaxed.

i await the decision of the reconsideration.

Turning_into_scrooge · 4 October 2006 at 7:48PM

I appealed recently as they knocked me down to low rate care but kept the high rate for getting around, made me feel like i was a liar:( I cannot stress enough to go through Welfare rights as they helped me enormously. They changed the decision with the info sent in from WR we didn't have to go through the appeal stage. Go for it they re instated my middle rate and gave me the other high rate for 5 years for both. Good luck, its your entitlement.

Turning_into_scrooge · 4 October 2006 at 7:51PM

Anthillmob wrote:

am i right in presuming if it does go to appeal it will be done by the same appeals tribunal who do housing benefit appeals? ive sat in on one of those at work and it was very relaxed.

i await the decision of the reconsideration.

Not sure about that i was under the impression the appeal was done by 1 solicitor 1 doctor and 1 menber of the public, but of course i could be wrong. Please don't let them win it's your money and you have posted many times on these boards about how bad your hands are getting, i'm quite sure its now not just about who's going to peel the potatoes, try CAB or welfare rights.

Turning_into_scrooge · 4 October 2006 at 7:54PM

TraciJ2 wrote:

To-date, i have made four claims and have been refused four times. I'm beginning to think they recognise my name and just print off the bog-standard letter now as the points they raise to tell me I'm not entitled are the same every time EVENTHOUGH i counter-claim them every time i ask for an appeal! Just about getting to the stage when I'm ready to give it all up.
any suggestions?

I had a friend who went through this, in the end she got her MP involved and so much medical information they couldn't ignor it but the only gave her low rate fro 12 months. She never bothered again as it was too stressful, but im in the kick back and don't let them take whats rightfully yours mood these days

D&DD · 4 October 2006 at 7:59PM

Anthill the appeal place is in Grove Road Sutton near to the main post office so its not too far for you (that is presuming your Morden is where I think it is..) I had to go there in July for DS2's appeal and they were very kind to him re his mobility probs fetching pillows etc.There are good facilities,toilets,lifts (and security officers on each floor.:eek: ) and the panel could not have been nicer.My son is only 11 and they asked me first if they wanted to question him so there was no 'trying to trip' questions or anything.Still a stressful day but made as comfortable as it could be on their part.

Anthillmob · 4 October 2006 at 8:21PM

D&DD wrote:

Anthill the appeal place is in Grove Road Sutton near to the main post office so its not too far for you (that is presuming your Morden is where I think it is..) I had to go there in July for DS2's appeal and they were very kind to him re his mobility probs fetching pillows etc.There are good facilities,toilets,lifts (and security officers on each floor.:eek: ) and the panel could not have been nicer.My son is only 11 and they asked me first if they wanted to question him so there was no 'trying to trip' questions or anything.Still a stressful day but made as comfortable as it could be on their part.

thats the place i went to with work (work for the local council)

forgive me if i repeat but this is what i posted earlier on my own forum to give some idea of what state my hands are in : (bear in mind its not just my hands but my knee and also my back which they havent even considered)

ive been claiming low rate dla care since 1999 and on advice from my consultant i put in for my claim to be looked at again.

their decision is that i will get nothing more than what i get right now. this is despite the fact that i may as well have my thumbs amputated as they are no longer any use to me and neither are my index and middle fingers on each hand with limited movement of the remaining fingers.

also in their decision i should 'use crutches' for my knee. something i never knew until i phoned for an explanation so explained i cant use crutches because of my hands.

such !!!!!!s.

i also found out when i called that they have based their decision on what i have told them and havent once contacted my doctor or my consultant (who believes i should be on at least middle rate).

ive asked for a reconsideration as per the rules and did this over the phone this morning so i wont have to write (which is bloody difficult. chops' handwriting is better than mine and shes almost 10 months old). the woman i spoke to was asking me about toileting and does mr mob have to wipe my !!!!! (not her exact words). i told her he has to help me sit down and get up again but i would not lower myself/degrade myself to ask someone else to wipe my !!!!.

(an exaggeration of sorts. TMI its bloody difficult but i do it).

ive already explained how 'sanitary methods' shall we say are bloody difficult.

its like trying to get blood out of a stone. especially as at work i see loads of claims where people get dla for similar to mine on a higher rate.

i suspect my age goes against me too. i mean how many arthritis 32 years olds do you know?

so i await their decision on my reconsideration and if need be i will take it to appeal.

how can they make a decision without contacting my gp or consultant?

should i approach my mp now or leave that till later? she is an extrenely helpful lady and with her help and that of social services the council backed down and rehoused me in a flat suitable for my needs). my doctor is the most fantastic gp anyone could wish for and thus very popular as is my consultant.

thanks for all your advice people.

has anyone had a dla decision overturned for DLA?

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