DLA Success

[Deleted User]

[FONT=&quot] I wanted to share this with you all for two reasons. Firstly because I am very proud of myself ) Secondly to act as a motivator to people dealing with the Disability & Carers Service and/or the tribunal’s service, Success can be achieved……[/FONT]
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[FONT=&quot] March 2008 – I helped my OH to apply for [/FONT][FONT=&quot]DLA[/FONT][FONT=&quot] for Bi Polar Depression. The GP was behind us and told us he would fill in the forms when they arrived from the DWP.[/FONT]
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[FONT=&quot] June 2008 – Claim rejected. Appealed & asked them to look at it again, long letter re Aspergers and its effects on my OH and letter from GP enclosed.[/FONT]
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[FONT=&quot]In the mean time my OH is sent by GP for an Aspergers assessment. He has initial assessment and the psychologist thinks there’s a high likely hood but now needs full assessment & there’s a wait. [/FONT]
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[FONT=&quot] July 2008 – Appeal rejected. [/FONT]
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[FONT=&quot] We then applied to the tribunals’ service for a hearing, giving them more information and told them about the Aspergers & that he was waiting for assessment. [/FONT]
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[FONT=&quot] Nov 2008 He has the assessment and yup he has Aspergers, no shock there for us anyway. He actually feels lots better now knowing all the underlying causes of his depression, behaviour etc and is getting to grips with understanding himself.[/FONT]
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[FONT=&quot] As soon as we get it, just before Christmas I send the full diagnostic assessment to the Tribunal. The very next day we get the decision from the tribunal, which is NO. [/FONT]
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[FONT=&quot] In between Christmas and New Year we receive a letter from the tribunal saying they have set aside the original decision on the basis of ‘documents not being available to them on time’. [/FONT]
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[FONT=&quot] I was shocked at this as we hadn’t even asked them to do this. They just worked on the law and set it aside. So there was to be another hearing within the next 8 weeks. [/FONT]
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[FONT=&quot] I got a fuller statement from our GP and one from the Aspergers Team. I also wrote a letter, what nearly became a novel at 7 pages, outlining exactly what I did for my OH to help him with his disability needs, which anyone who knows AS can be nothing or massive depending on the situation in hand. [/FONT]
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[FONT=&quot] February 2009 he receives the reply from the tribunal ‘unanimous decision – Appeal Allowed’ lower rate both care and mobility from March 2008 until March 2013. [/FONT]
[FONT=&quot] I am both shocked and proud that we have achieved this. I knew he would be entitled as [/FONT][FONT=&quot]DLA[/FONT][FONT=&quot] is all about care and/or mobility needs and the help you need. I knew he needed that help because I and others give it to him. At 37 he’s needed it for a long time as he has had AS since he was born it just hadn’t been diagnosed and before we moved in together he didn’t get the help so needed the support more. [/FONT]
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[FONT=&quot] So everyone if you are trying to get the support you need keep trying. [/FONT]
[FONT=&quot]The tribunal service showed us that they are not there to work against us. They set the decision aside without a request because the law told them they should. Then armed with the full facts, which were not available to them or us in early 2008, they made the right decision based on that information and the law. [/FONT]
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[FONT=&quot]Shel [/FONT]
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marsupial_mama

well done! I hope the lump sum you should be getting will help as well :beer:

black_paw

well done in hanging on to that bone. you got there in the end ..mine took just over 10 months to win...so there is hope out there for others ..just wait and appeal lots xx

covlass

Thats great well done. I'm have tribunal in March for my daughter this has been going on since Feb '08. I am armed with all my papers along with suporting letters from specialists, Gp and school what amazed me was the fact that DLA hadnt even requested any information from the GP or specialist.
Well done

lolababy

Fantastic news. We are on our third sitting at a dla tribunal . First one needed more evidence had a doctors visit, second one they argued for a full hour amongst themselves . Outcome no reward . Now third one as I found case law that meant they had to set the second one aside. Its now been two and a bit years fighting and we have our third hearing in March.

magicstrawberry

omg this makes it sound so hard, i need the help now did they backdate it?

lolababy

Hi magic strawberry dont be put off. Not everyone has to go through tribunals its just that my partners case is complicated. They do backdate any award plus any other benefits you would have been entitled to.
Look at those who have been awarded dla thats what you need to focus on.

matelot123

Just by way of encouraging people I would like to say that I applied for DLA 3 years ago and neither received nor asked for any help filling in the form.I manage to have a very good working relationship with my GP and keep my consultant and GP informed of all my health needs and difficulties regularly.I was awarded HRC/HRM for 3 years after 4 weeks when I first applied and when I renewed this year I waited only 3 weeks for the decision which was HRC/HRM indefinitely.Obviously I am really pleased not to have to go through the stress of reapplying after a set time but I do attribute my success to making sure the form was absolutely stuffed with information and ensuring that every section had something in it no matter how trivial...if you think about it, if you have a disability then every area of your life is affected and your form shoud reflect this..well done to you shel for all your perseverance having paid off and for coming in to share your story with us.

caela_2

Thank you so much for your success story, I am facing the tribunal soon over a claim for DLA in relation to obsessive compulsive disorder and I am doing it all by myself. Sent my application in May 2008, they failed to receive it (letter by post and online application with confirmation!) and had to re-submit. Received new form and told would be backdated if successful. Rejected. Appealed. Rejected. Tribunal is the next stage now, it's been nearly a year waiting from the first form.... but I will not quit; thanks for your support and well done!

[Deleted User]

magicstrawberry wrote: »

omg this makes it sound so hard, i need the help now did they backdate it?

They will back date it which he should get soon. Please dont worry, I think as someone else said the main thing is to tell them everything. The intial application and each appeal obvioulsly gave them a bit more information which they didnt have at the start. Of course ours was a bit different because my OH didnt have his diagnosis, but fill in the form in full, include extra sheets if you want they can only work on the information you give them so give them everything medical reports, test results, and details of how your life is effected.

Good Luck

Merry_Gentry

Thank you for sharing your success story Shel - well done! :beer: