DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

Thanatos

chelleybelley wrote: »

hi some advice please my mum has got severe osteoarthritos in her hip and has been told she needs a complete hip replacement she cannot work,can barely walk and needs help with personal care...she applied for dla a couple of years ago and the forms we're filled in properly,accurately and very thorougthly..yet dla refused. she has seen a surgeon again today and i have made her ring the dla again to try and claim again her dr and surgeon are very aware of her situation and her limitations,she didnt push for tribuneral last time as she assumed what they said was more or less final.... with doctors report and surgeons report both last time and this time stating she can barely move,bend, walking is practically a no no for her is there such a thing with certain illnesses that just will not make it through dla regardless of what doc/surgeon reports say??this time im making sure that even if they refuse again that she will see it through till the end!!

There are illnesses that will never make it through DLA or AA claims, but what you have stated is not one of those examples (you would be amazed at what people try to claim - HR care for being deaf in one ear, that sort of thing)

DLA/AA's biggest problem is that unlike all other benefits there is no formula for deciding a claim.

For example, JSA = Amount paid in to system, plus kids, plus other dependents less savings = payment
or CSA = total income by number of kids = csa payment

With DLA its all down to the opinion of a DM. Obviously I cant comment of specifics based on the info you have provided, but it doesnt sound like the decision was right. However this could have been turned down for any one of a 1000 reasons.

The one thing I can suggest is to try again. If its turned down ask for a reconsideration of that decision and it will be given to another DM to look at. If it still fails appeal. Slightly shocking, but approx 50% of all decisions are overturned at appeal.

Thanatos

alexcross wrote: »

what a fantasic idea well done you for thinking of it.
My Son has ADHD and bad bowel problems he has just been awarded the higher rate of care and lower mobility however I thought he would have remained on middle care but higher mobility as getting to hospital appiontments is vital and we live in such a rural area I have no choice but to have a good working car. He can not travel on public transport and even if he could it would take hours to get to hospitals. either way by the time we get to hospitals he always needs a full change of clothing.
I have tried getting finance for a newer car but its a no go as Im on benefits.
Is there anything I can do about this?

probably not. ADHD does not affect his physical ability to walk, although he probably needs supervision when walking, that would only qualify him for the lower rate of mobility.

If all that remains is the bowel problems, essentially if they are so bad he can not walk more than approx 70 meters (some flexibility on this figure based on gait and manner of walking) then he wont qualify.

We do not take into account distances from hospitals, rural areas etc etc...

Again though, if you feel he should get it, please do not let my advise put you off asking them to look again at the claim. I can only advise what I would consider myself, as am not officially sanctioned to post here by DLA i can not offer official guidance.

Morglin

chelleybelley wrote: »

hi some advice please my mum has got severe osteoarthritos in her hip and has been told she needs a complete hip replacement she cannot work,can barely walk and needs help with personal care...she applied for dla a couple of years ago and the forms we're filled in properly,accurately and very thorougthly..yet dla refused. she has seen a surgeon again today and i have made her ring the dla again to try and claim again her dr and surgeon are very aware of her situation and her limitations,she didnt push for tribuneral last time as she assumed what they said was more or less final.... with doctors report and surgeons report both last time and this time stating she can barely move,bend, walking is practically a no no for her is there such a thing with certain illnesses that just will not make it through dla regardless of what doc/surgeon reports say??this time im making sure that even if they refuse again that she will see it through till the end!!

It's generally always worth appealing a negative DLA decisions, as a large amount are overturned on appeal - this site gives a good guide to whether your condition warrants claiming:

http://www.benefitsnow.co.uk/default.asp


If you do appeal, make sure you actually attend the tribunal - last figures show that 70% of attended appeals are successful, but only 30% of "paper reviews" are.

The problems is that EMP's vary in quality, some GP/consultant reports are less than informative, and DM's are not medically qualified.

Many people have more than one disability and confusion can arise because sometimes they inter-relate in a way that isn't always straightforward to a non-medical person or a computer, so explain it.

If you are unsure about the claim forms, then usually the CAB will point you in the direction of a welfare rights worker, who can help, and will also assist if you do need to appeal.

Before you claim, make your GP and consultant aware that you are going to claim, and what your current care/mobility needs are, so that, when they are asked, they can send a report that is up to date.

Send as much evidence as you can, and if you need to clarify things, then attach seperate sheets of paper.

Both from my own claim, and those I now do as an advocate, I would advise giving "worse day" scenario's, but be honest about how often they occur - very few disabilities are "worse day" all of the time.

I've never had any sort of problem with DLA unit, and all claims I have submitted have been awarded, although the claims take an age to be processed lately, but I am always very aware that carefully filled out forms, plenty of medical evidence, and explanations of certain disabilities/effects goes a long way towards ensuring a smooth process.

Lin

sad_dog_lady

id like to ask for my son... he has dla middle care and low rate mobility ... this is ongoing no end date.. my son has aspergers and ocd
i recently spoke to pathways at encap and they said he should be getting
incapasity benefit... he is 17
should i apply?

he is part time at college too, till june next yr.

Marple4848

My grandaughter who is 2 in Jan`08 has been diagnosed with Morning Glory Syndrome and is regisitered as partially sighted. She lives with her Mum, my daughter, who works part time and is in receipt of various working tax credits. Is she able to claim DLA ? and what supporting material would you advise her to supply with the application. Thank You

zzzLazyDaisy

I just wanted to say thank you to Thanatos for being kind enough to give us his/her time all the sensible and measured 'pointers' s/he has made, and continues to make (I won't say 'advice' as I know these comments are not officially sanctioned by DLA).

As a disabled person who has had to complete these dreaded form several times, I can say that the DLA DM sometimes seems like the enemy, so it is also good to know these people are human like the rest of us!

Thanks Thanatos :beer:

Thanatos

sad_dog_lady wrote: »

id like to ask for my son... he has dla middle care and low rate mobility ... this is ongoing no end date.. my son has aspergers and ocd
i recently spoke to pathways at encap and they said he should be getting
incapasity benefit... he is 17
should i apply?

he is part time at college too, till june next yr.

Hi, sorry but DLA has no "relations" with IB other than sharing some medical reports. All I know is that IB claims generally require a medical examination and are based on a points scoring system. I would have assumed if he is on middle rate DLA he would stand a pretty good chance, but I dont really know any more about IB than anyone else. Sorry!

Thanatos

Marple4848 wrote: »

My grandaughter who is 2 in Jan`08 has been diagnosed with Morning Glory Syndrome and is regisitered as partially sighted. She lives with her Mum, my daughter, who works part time and is in receipt of various working tax credits. Is she able to claim DLA ? and what supporting material would you advise her to supply with the application. Thank You

Here we have a DLA oddity. Its actually harder for a child to get DLA than an adult. This one gets slightly complex, so forgive me if I go on a bit...

Firstly Children under 3 are not entitled to ANY rate of the mobility component regardless of the condition. (Children aged between 3-5 can get the lower rate mobility component and over 5's can get both). This is quiet annoying, as lower rate mobility for sight problems are common, as guidance is needed to ensure their safety, but the logic behind it is ALL children under 3 need constant supervision outdoors, so the disability doesnt cause additional needs.

Additional needs is the key wording here, all children claiming DLA must show significantly more needs than another child of a similar age without the condition. Again, the logic is simply that all children have care needs and if it was accepted that things like helping a child dress, wash, etc etc then most under 5's would be entitlled to DLA with or without a disability.

Regarding the care component, if you can show that she has significantly more needs than any other 2 year old, then there is a good chance she will qualify, but this might be hard to show with a child so young. I suggest putting any and all needs down and see what the DM thinks.

Rule of thumb is that its always worth applying in new claim cases as you have nothing to lose trying... as far as evidence is concerned, if she goes to a nursery a letter from them explaining extra care she recieved would be helpful, or social worker/GP/Hospital.

Thanatos

zzzLazyDaisy wrote: »

I just wanted to say thank you to Thanatos for being kind enough to give us his/her time all the sensible and measured 'pointers' s/he has made, and continues to make (I won't say 'advice' as I know these comments are not officially sanctioned by DLA).

As a disabled person who has had to complete these dreaded form several times, I can say that the DLA DM sometimes seems like the enemy, so it is also good to know these people are human like the rest of us!
Thanks Thanatos :beer:

No worries - most of us are nice people... :A

Nice things are happening at DLA/AA units at the moment, we are being encouraged to make more phone calls to customers to get information first hand and a scheme called PIDMA (Proffesionalism in Decision Making and Appeals) is rolling out to improve the accuracy and consistancy of our decisions (helped out by the University of Chester). There is also a new processing system called "LEAN" that promises amazing things concerning processing times (and from what i have seen looks like it might actually work!), and the helpline is mid recruitment to increase its numbers so the calls can be answered quicker. Lots of things to look forward to for our customers

somebody_else

I'd also like to thank Thantos. It's very brave of him/her considering some of the experiences some of us have had when trying to claim DLA.

As a former NHS employee, I know first hand that the majority of employees are very human and work very hard to provide the best service/care they can - it's the minority of employees that not only give the rest a bad name, but also make life more difficult than it need be.

Could I just ask one quick question? My first DLA award was for 2 years and due to expire in May, my second award was more or less the same. Then my 3rd award was decided quite early, and was for 3 years, but because of time the decision was made it expires in January of next year. I received the renewal forms for this award in July, and within 2 weeks I'd received a letter telling that they'd not had my forms back (not surprising, I hadn't even started filling them out by that point), and I've since had a couple more asking for my forms asap. Why the rush? I know it takes time for the decisions to be made but 7 months?. The cynic in me wonders if this is a not so subtle way to save money - if I fill the forms in as fast as it's being implied I'm expected to, and my award is either reduced or stopped, then DWP saves themselves up to 6 months worth of DLA.

Is that the idea behind it?