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Mum's DLA Reduced.........Shld She Ask For RECONSID From DLA Or APPEAL To Tribunal??

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  • I was still advise that going for appeal is the best option,as a part of that process is a reconsideration,and involves the claim being looked at by a different DM
  • black_paw
    black_paw Posts: 1,791 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    please appeal
    the truth is out there ... on these pages !!
    <3
  • Associate
    Associate Posts: 186 Forumite
    Hi all,

    After requesting a reconsideration from the DLA, my mum got a letter today from Medical Services stating that they were asked by the Dept of Wrk & Pens to visit my mum to check her entitlement for DLA.

    They will contact my mum shortly to arrange a date.

    Is this a good sign bearing in mind my original post?

    Is this part of their 11 week review process?

    Anyone familiar with this and got any advice for my mum?

    Thank you.

    Jay
  • Hello Jay,

    I'd say it was a step in the right direction, nothing more, nothing less.

    The best advice from me, is that there is someone, possibly yourself, with her when the doctor visits.
    If the doctor asks her to do something that causes pain, or than she can't do, then she must say so.
    It may help, to takes notes of the visit, so you have something to refer back to.


    Regards
    Munchie
  • Associate wrote: »
    Is this a good sign bearing in mind my original post?

    I would simply urge you to inform your mother that she must not deceive them in any way when they visit. If she cannot do something, she should certainly do so - but she should not 'play up' to her illness either. I've heard of numerous people who decided to pretend that they were far more ill than they were, only to lose everything as their actual problems couldn't be determined.

    In other words - be honest and they will be honest with you.
    From Poland...with love.

    They are (they're)
    sitting on the floor.
    Their
    books are lying on the floor.
    The books are sitting just there on the floor.
  • di3004
    di3004 Posts: 42,579 Forumite
    Hi there

    Brilliant advice on here also.:T

    When I applied for my son with special needs, he was first awarded both low rates, I waited a month then requested a "supersession", (as his condition did get worse) this was highered then to high rate care and he kept to the same mobility, yet it was only the actually care side of it I wanted looked at again.
    For a supersession it is that of a month you wait before requesting this I was told and they also backdated on that as well.;)
    However, a Supersession is basically if that person's condition have worsened, which it did also in my son's case.

    I also received help from a site called:
    http://www.youreable.com/forums/forum.jspa?forumID=1

    There are former benefit advisers on the site and ex tribunal members.

    Here is also a useful link, even though I am aware you will find useful info on this great site.
    http://www.pinnt.com/members/members_dla_revisions.htm

    Good luck.;)
    The one and only "Dizzy Di" :D
  • Associate
    Associate Posts: 186 Forumite
    Hi everyone,

    My mum got a letter in the post today informing her that a Dr will visit her this coming saturday.

    I'm going to look through the advice everyone has given again and look at other threads that touch upon this.

    Nothing to be nervous or worried about as she has a legitimate claim, I hope to be there with my mum, and will make sure my mum is comfortable and able to answer questions in a clear, comprehensive, accurate manner and in her own time.

    Shall keep you posted.

    Cheers.

    Jay
  • Associate
    Associate Posts: 186 Forumite
    Mum had visit from Dr, I was there to accompany her.

    I would say it lasted for at least 45 mins.

    For reference, so that others can possibly benefit, I'll give a condensed account from what I can recollect:

    1) He asked my mum about all the health problems she has:

    *She listed them
    *Showed all the medication she is on
    *Showed Hospital letters

    2) He went through some of the same questions asked in the DLA Claim Form e.g.
    what things her condition prevents her from doing, if she needs
    assistance going to the toilet, if she needs help during the night
    etc

    3) She was asked what time she goes to bed and what time she wakes up

    4) She was asked whether she has any hobbies

    5) She was asked what she mostly does during the day

    6) The Dr carried out a Physical Examination which included:

    *Taking her blood pressure

    *Checking her heartbeat

    *Checking her pulse

    *Checked her respiration by asking her to breath into one of those Respiratory
    Measuring Tubes

    *Checked her reflexes

    *As we were in the Living Room, asked to see her lying down and getting up
    from the sofa, which she was only able to do with my assistance

    *Asked to see her walk a short distance, which she did, even though I told her that she should only do it if she is up to it and wants to do it, with a walking stick and with my assistance

    *Asked to see if she could perform some basic excercises and movements e.g. bending forward from her seated position, clinching her fists, touching her ear with her shoulder etc

    7) He checked her mental faculty by asking her questions such as if it was daytime or night, if she knew who he was, if she could count from 1 to 20 etc

    8) He checked her eye sight by holding up a small alphabetic board that you normally see in a GP's Surgery and also by raising his fingers

    9) He asked if the house was adapted in any way for her needs

    10) He didn’t look around the house

    11) He didn’t inspect her walking stick

    12) He also asked how often she has a bath/shower and how often she needs assistance
    with this

    13) Finally, he asked if we had any questions for him. I asked him to go over what he wrote on the Form so that we were satisfied with the accuracy and comprehensiveness of it. He was happy to do that and while going over it, I suggested if he could add more detail on a particular answer he wrote down, which he did.

    Overall, I didn't think there were that many questions and the Form didn't require very detailed answers. Therefore, the questions the Dr asked and on the assumption that he asked all the questions that were on the Form accurately, and any additional comments he needed to write down on his own would've been written genuinely and fairly, I would say from my initial impression, the Dr was pleasant and polite enough and the whole procedure was OK.

    My mum found the whole thing a bit stressful and tiring, so me being there with her was a big help.

    Before leaving he said that we should hear from the DLA in the next couple of weeks.


    It is important to note, that my mum’s experience was based on her particular health problems and the particular Dr who visited her, so although this can be used as guidance, not everyone’s experience and assessment will be the same.



    Hope some find this useful! :)

    Regards,

    Jay
  • good luck with your mums claim.

    im glad you went for reconsideration rather than appeal.
    everyone has a right to their opinion, but the way i see it is this....
    if you dont get the award you feel is correct first time you can ask for another decision maker to look again. they look at the whole thing again, not just decide if the first person was correct.

    if you still dont get what you think is right you can then go to appeal and it gets looked at yet AGAIN!

    so i see going straight to appeal is throwing away one chance of getting it corrected, after all if you dont win the appeal you cannot use the reconsideration step after that.
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