DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

Thanatos

Gemmzie wrote: »

Hi Thanatos,
I get low rate care because I have carpal tunnel / RSI / useless left hand so meet the cooking a meal criteria easily.
My award is up in August 09 so I have to do a new form in February 09, right? I'm due to have an operation on my hand which will hopefully fix it sometime next year.
Meanwhile, I've been "diagnosed" with IBS (the I don't know stomach problems diagnosis) and have a question mark over depression/SAD/ME/CFS/thyroid type problems, which mean that I now regularly need help with personal care too.

Do I reapply now with the other symptoms or wait for the renewal? If I leave it, I'm worried it'll look like, oh my wrist should be fixed soon so I'll add some new issues to replace it.

Hope that makes sense

I would suggest simply letting them know of your additional needs now (which replaces the need for the renewal) and once you have had the operation (plus recovery time), let them know of the change in circumstances.

At least that way, you will be getting the additional money for the help you need now, and will still have the operation taken into account once it actually affects you.

quietheart

Hi there
Firstly wanted to thank you for doing this - very good of you. As you can see we've been waiting for this opportunity!
Anyhow, I sent my first form in 2 months ago, I had a stroke and have been left with right sided weakness, fatigue and speech/cognitive problems. I completed the form and sent it with a number of hospital discharge letters showing the reason i was in hospital together with a letter of support from my GP.
I felt confident I would get DLA either MRC or HRC. Since then I've had a letter saying they wanted a consultants report (a month ago) I know he hasn't done it and now they have sent another letter saying they have written to my GP. As he has already listed the problems i'm having I wonder why they've done this especially if they have to pay for it. Just feels like they are trying to get out of paying.
Sorry to sound so cynical.... What's your opinion?

Thanatos

Sueinbirmingham wrote: »

I am getting very worried about my renewal. They sent it to me months ago. I've been working slowly through it and I've put my answers that go in the big boxes into a word document and it's already over a dozen pages long. I'm worried a DM will get annoyed having to read so much. I've also got about six or seven letters from people that know me, but I can't get hold of my consultant until December. My previous award expires in early February.

I'm going bananas with all this. I just don't seem to feel able to say "that's it, I've done as much as I can".

They've stopped sending me reminders from the DWP and I'm worried there'll be a break in my DLA if I don't get it in soon, but on the other hand, I'm worried that if I send it in too soon and they reduce it, I'll lose money straight away.

Is there anything at all you can say to reassure me?

Ok, the first thing you must know is that we can not accept late renewals. The official line is that they need to be registered as a new claim which means they will be forwarded to your nearest DBC and the gap between your last award ending and the new one begining will not be paid. That said, before everyone starts raving about that - we do still accept them if there is a good reason (like fire, flood, alien abduction , that sort of thing) however, difficulty with the form does not dall into this catagory...

Assuming by now I have done completely the opposite of putting your mind at rest, I will try reverse that a little. 12 pages of text for the free hand boxes is realistically probably a little too much. It wont harm your claim any, and DM's wont get annoyed or anything (if we werent reasding yours, we would just be on the next claim, so no difference to us!), however, all we really need to know is your care needs and variations of these.

I think, if you really feel you need to include more, call it a day on what you have done so far and just put a note in to say more evidence to follow. By doing this, the important part - your claim pack arriving in time - is covered and you wont go under the late renewal rules. Plus you have the added bonus or sending in more stuff if you feel it necessary.

The other major plus is that if you send it in right now, we may be able to get a decision on it done before the last award expires, if not, you are going to be left with no money while a decision is made. (although that would be repaid if your claim is sucsessful)

Hope thats put your mind at rest a little...

Thanatos

mcspanna wrote: »

Hi Thanatos,

Apologies for an OT post on this thread but with regard to your full up PM inbox I just saw this thread and thought of you, I would've PM'ed this if ur inbox wasn't already full! :rotfl:

HTH

mcspanna

now you tell me! I deleted the inbox and left the sent items (to still have an idea about what I have been telling people...)

Will use that thread next time, cheers!:T

Thanatos

vivachavez1978 wrote: »

hi there thanks for the reply,

I have double checked the submission papers from the DWP and on the original form I said I did not have any additional care needs yet this was back in July.

Since then my needs have changed and I do need help in and around my home - should I mention this in my additional evidence that I am going to send in for my Tribunal ?
It has been a long time and a bit of a struggle to come to this ie coming terms with my limits and realising what I cant do anymore, ie I used to love running I really did I know i never will be able to and its no good putting that down on the form - its hard
to put all this downand open up and realise how far down I have fallen you know ?

Another problem may be that when I originally filled my form out my GP was different to the one i now have, my new GP has taken the bull by the horns and does take me seriously !

Basically this condition has affected me for the past four years but has been mismanaged by my GP's, originally was told I was having panic attacks !
I only had a spirometer test last year, this partly is as I have had lung cancer so the gps thought the damage was due to the chemo but now has been recognised as chronic asthma.

Anyway since i have filled the form out I have got a good doctor who i see regularly every week, he has changed my medication and updated/referred me for bone scans for the osteoprosis as we are concerned the amoutn of predesalone I have had over the past few years is too and blood tests/chest x-rays just before I start pyhsio to help reduce the pain.

basically at the moment am on ...

Hi, ok, well firstly I have a little more idea about why the award was not given - it is quiet rare to have asthma which affects mobility so seriously that you are virtually unable to walk, but have no care needs whatsoever... (our medical database advises care needs would normally be present also) this would not mean auto rejection, but would mean we go for medical evidence to confirm your claims... if they went to your old doctor, it probably explains what happened.

Regarding the bit about your needs have got worse since claiming, this is slightly complicated....

Yes, do tell the tribunal, but (if they do their jobs right) it will not effect the outcome of the appeal, as what you are appealing against is the lack of award on your claimed needs at the time of the claim, not your claimed needs now...

You need to put in a supersession (ask for the claim to be looked at again) as your needs have changed since the last time you claimed. (even if it was only a short time ago). Don't worry, if the tribunal gives a more generous decision than the supersession does, the more generous of the two awards is the one you will end up getting, although the supersession wont back date as far as the original claim as its for a change in circumstances.

If that didnt make any sense, shout up!!

Regarding

Thanatos

rovers wrote: »

Hi there
Firstly wanted to thank you for doing this - very good of you. As you can see we've been waiting for this opportunity!
Anyhow, I sent my first form in 2 months ago, I had a stroke and have been left with right sided weakness, fatigue and speech/cognitive problems. I completed the form and sent it with a number of hospital discharge letters showing the reason i was in hospital together with a letter of support from my GP.
I felt confident I would get DLA either MRC or HRC. Since then I've had a letter saying they wanted a consultants report (a month ago) I know he hasn't done it and now they have sent another letter saying they have written to my GP. As he has already listed the problems i'm having I wonder why they've done this especially if they have to pay for it. Just feels like they are trying to get out of paying.
Sorry to sound so cynical.... What's your opinion?

It shouldnt be anything to worry about to be honest - A new claim normally requires pretty robust medical evidence - discharge letters from hospital are all well and good but they dont cover what your current needs are. I would guess the DM looking at your claim didnt feel the GP letter covered all the points that needed covering, and in the absence of the report back from the hospital, the GP is the only other alternative.

The DCS (to my knowledge) does not have any budget restrictions on payments to customers - that comes from a different pot. We only have budgets for paying people like me (and thats a small budget!!):D

vivachavez1978

hey up there thanatos no worries on the tribunal review score !

right so that kind of makes sense, basically i cannot in my tribunal appeal ask to have care needs added and looked at when in my original claim I did not mention that i had any - is that right ?
its obvious to me now i do have care needs and so on and thats why claim was turned down.
BUT all hope is not lost, i can still make a good case at my tribunal for my mobility component which i originally claimed for, i feel i should get this under the virtually unable and the exertion required would constitute a danger... and then also put in for a "supercession" - does that amend my claim to incorporate the care needs ?and who do ask for this supercession ?

browngirl_2

browngirl wrote: »

:A:THello, how kind you are to help us DLA claimants.
Strange that you read as human when I thought that whoever had read my claim form must have been a computer on the blink.
Seriously though, it is a wonderful to thing to have a human touch to a process which is degrading and depressing to all that have the misfortune of going through it.
Long may it continue, hope you enjoyed your holiday and didnt once look at a computer!!
xx

Hi Thanatos
Just looking for a little ray of hope here. I am awaiting a tribunal date at the moment. I have chronic back pain/sciatica and frequent migraines, all stemming from an accident 15 years ago where I dislocated 3 vertebra. It is not an operable condition
and so I live on various pain killers etc.
I only claimed dla this year as my mobility has worsened and I am requiring more and more help from my husband and children with my personal care. I gave very detailed answers and had support from my GP.
What I am wondering is why, when I have given full details of my needs and have total support from my GP was I turned down? Everything I said I had problems with the DM just answered 'Oh no you dont' if it wasn's so degrading and depressing going through this process it would be comical.
Do they not believe me or my doctor? or is it a dip, dip, dip situation and my application was out?
Can you shed any light? I would love to hear from you:j
Just to add, I wasnt asked to attend a medical, but the DWP did write to my GP and he gave them details of various consultants, xrays and specialists, plus all medication. I have never discussed my care of mobility needs with my GP as I find it very embarrasing although maybe now I am at this stage, I should have done that first. He is very willing to provide a detailed letter for my tribunal and is unhappy with the way I have been treated.

Thanatos

vivachavez1978 wrote: »

hey up there thanatos no worries on the tribunal review score !

right so that kind of makes sense, basically i cannot in my tribunal appeal ask to have care needs added and looked at when in my original claim I did not mention that i had any - is that right ?
its obvious to me now i do have care needs and so on and thats why claim was turned down.
BUT all hope is not lost, i can still make a good case at my tribunal for my mobility component which i originally claimed for, i feel i should get this under the virtually unable and the exertion required would constitute a danger... and then also put in for a "supercession" - does that amend my claim to incorporate the care needs ?and who do ask for this supercession ?

Ah, sorry my bad - if you got no award at all, then its a new claim you need to put in for (even while the appeal is on going) If you got a smaller award than you wanted, then its a supersession.

In both cases, its the helpine you need to ask - 08457 123456

Thanatos

browngirl wrote: »

Hi Thanatos
Just looking for a little ray of hope here. I am awaiting a tribunal date at the moment. I have chronic back pain/sciatica and frequent migraines, all stemming from an accident 15 years ago where I dislocated 3 vertebra. It is not an operable condition
and so I live on various pain killers etc.
I only claimed dla this year as my mobility has worsened and I am requiring more and more help from my husband and children with my personal care. I gave very detailed answers and had support from my GP.
What I am wondering is why, when I have given full details of my needs and have total support from my GP was I turned down? Everything I said I had problems with the DM just answered 'Oh no you dont' if it wasn's so degrading and depressing going through this process it would be comical.
Do they not believe me or my doctor? or is it a dip, dip, dip situation and my application was out?
Can you shed any light? I would love to hear from you:j

Part of the problem with the current award notification letters we are using is that they dont provide a reason why the DM wont accept needs you have claimed. - We also do not record reasons for decisions (on adults) any more so it really could be anything.

Hard to pinpoint what it might be with no details of what needs you claimed, but would suggest phoning up and asking to speak with the decision maker who made the decision. (Dont take no for an answer - it will probably be on a call back basis, but you can speak to them!) - They will pull your case out and take a look (to remind themselves) and give you a call back to explain.

If you then disagree, you can ask for a reconsideration and/or an appeal