DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

zzzLazyDaisy

Hi Sal, you need to speak to your solicitor about this as it very much depends on what has been claimed for.

When a person makes a claim for loss of wages as a result of the accident, and following the accident claims IS or IB, that money must be repaid, since the compensation overlaps with the benefits, and if the money wasn't repaid, the person would, in effect be being compensated twice for loss of earnings.

However, from what you say, the main claim will be for pain/upset/distress - That part of the compensation is not repayable.

However, the level of compensation awarded is likely to be reduced if there were already existing health problems - in other words, for example, a person can't get compensation for loss of the ability to walk following an accident, if that person was already in a wheelchair before the accident.

I hope this explains things a bit, but really you need to be talking to the solicitor who is handling the claim for you.

Good luck

Daisy

salandian

Hi

Well she hasnt worked for 6 years so i dont think they can claim that she would be double paid.

The main part is as you say pain and suffering on her part and permenant b ack damage, pain and suffering on my part.

But i guess you could say we are both on benefits. As im on carers allowance (The governments way of saying thanks for doing a sterling job working 24hrs a day, 7 days a week, 365 days a year for £55 per week, thats goiung to save us at least £350).

Sal

bonsibabe

hi there

i hope i'm not asking a question that has already been answered (but going cross-eyed trying to read all the posts lol).

i was awarded higher rate mobility in 1996 for life because of my disability. it has gotten to the point that i now have 2 slipped discs in my back and over the last 2 years have developed care needs.

i was advised to claim dla care but when the forms came, i was sent the whole form again. do i need to fill in the mobility part or can i just fill in the care part and explain that my mobility is awarded for life and there has been no improvement in my condition.

i don't receive IS or IB or anything like that. The only other benefit i receive is a war disablement pension from the SPVA.

thanks very much

Sueinbirmingham

Even if part or all of your DLA is awarded "for life" or "indefinitely", they can still review it. Have you got a copy of your previous claim? If not, you could contact the DWP and ask for a copy. Then if there is no change, you could say the same. That's just a lay understanding of the position.

amanda40

The forms ask if you have had any adaptations done to your home. Would this work in your favour or against it? Ie of you had trouble getting in and out bath and have since had wet room fitted, would that maybe cancel out your LRC as you could now shower without aid?

zzzLazyDaisy

yes it could, if the adaptations mean that you no longer need help from someone to bathe etc.

So you need to say, for example, that you have been assessed by the OT as needing a wet room, but that you do still need help from another person with personal care (if that is still the case) and explain what help you need, how often, etc

gravitytolls

Thank you OP for your patience and kindness in answering queries on here, it really does seem to be a minefield.

gravitytolls

Thanatos wrote: »

Hi Margaret, it certainly sounds like you have the makings of a claim. Check out the first post in this thread for the full explination of what level of needs qualifies for what level of benefit.

Things I would suggest including in the claim pack in addition to what you mentioned above is any problems you have with making a main meal for one (such as lifting pots and pans and carrying them across to the sink). Any problems with walking, both inside and out, and toiletting, getting up/down stairs and in/out of chairs.

The DM will be looking for the frequency of your needs and this is perhaps the most important area for back problems. Make sure to include the number of bad/good days (if any) and the number of times in the day/night you need the help. Any medical evidence you have to back up your claim will help speed things along too.

Expect any award to be limited to when your operation is expected as generally we limit to these dates so the renewal falls approx 6 months after the ops so we can reasses your needs at this point.

Good luck with your claim!

DH can't cook a meal for one as lifting pots to the sink is dangerous (he suffers fron spinal damage too), and once opened the oven door to remove a pizza, the heat hit him, he stood up too quickly, his back went and he ended up on the floor with the oven door off it's hinges in his hand.

When we talked about cookinh difficulties/food prep, the CAB advisor told us DLA decision makers would expect him to sit ona stool and use a holey spoon instead of carrying pots to a strainer in the sink, and it couldn't be included as needing help.

M.E.

A friend has a twelve year old son who will have his hips and legs in plaster for six weeks. Grandparents are around but not able to cope as he has now grown too big. They helped six years for the same operation but the boy has grown and they cannot cope.
His mum works and is willing to take unpaid leave.(No dad). However her work would rather she was in work than get a temp in, but will give her unpaid leave.
Is there anyway that the son can have a short term carer and what allowances etc are there?

SandraScarlett

If a case goes to appeal, does anyone know how long it takes from receipt of the paperwork for a decision to be reached, and for the applicant to be advised please?

Thanks.