why did dial say this about dla claim appeal

shely33

hi, i was awarded dla and thought i should have been awarded higher so i went to dial for advice and the lady said that it would be best to wait a few months before trying for more...i did not ask at the time but now i wonder why is it better to wait a few months,,if i do wait i will lose any backdating payment if i did get awarded a higher award...i only have 7 days left to appeal...but it has put me off now as people say you may lose the original reward..i was awarded low mobility and middle care...they said middle care because i need help in the day dressing , washing etc...but i told them i need help moving at night in bed but they said i don,t....why have they said i don,t when i told them i do ? don,t they belive me?if they acept that i need help moving etc..in the day then why not at night..they also say i can get up the stairs without help but i need help..

daska

Assuming that you stated that you needed this help on the application form: have you asked them to explain why they say you don't need this help?

munchings-n-crunchings

Hello shely33,

It's possible that for the time that you need attention during the night, is not sufficient to meet the night time criteria.

It's correct that the whole award will be looked at, which is correct to make sure that the whole decision is what it should be.
If you have sought advice, you can either take it, or keep asking till you get the answer you want.
If Dial think you should wait, then you should give the advice proper consideration.

Or, if you disagree, and you feel that they are wrong, you can appeal.

Regards

Munchie

pippin49

Hello, you can't lose original award. You are requesting an update to your claim. Dunno who dial is but sounds like you have been given bad advice. My partner is disabled and we requested the mobility side. She is currently on middle rate care component. This is not affected by claiming the other rates.

munchings-n-crunchings

pippin49 wrote: »

Hello, you can't lose original award. You are requesting an update to your claim. Dunno who dial is but sounds like you have been given bad advice. My partner is disabled and we requested the mobility side. She is currently on middle rate care component. This is not affected by claiming the other rates.

Hello,

The Op does not agree with the award she has received.
In this case, she will firstly ask for a reconsideration, and if she still does not agree, then it will be an appeal.
When a new DM looks at the claim, the whole claim is looked at, so she has been advised that there is a possibility she could loose the previous award, it is always something ou need to be aware of.

DIAL http://www.dialuk.info are a disability advice organisation, and so will be experienced in supporting people with their DLA claims.

Munchie

McKneff

This is not a critism of DLA or the OP. i just want to understand what DLA is awarded for specifically

if you were given more money, for as you say 'help during the night'
would you be paying somebody to come in and help during the night?
isnt this what the extra money is for.
Do you pay someone to come in and give you the help that you need during the day?

daska

anniehanlon wrote: »

This is not a critism of DLA or the OP. i just want to understand what DLA is awarded for specifically

if you were given more money, for as you say 'help during the night'
would you be paying somebody to come in and help during the night?
isnt this what the extra money is for.
Do you pay someone to come in and give you the help that you need during the day?

DLA is awarded based on the care you need, it is very specifically not conditional on the care you receive. There is no requirement to spend the money awarded on care - in fact you could spend it all on booze, fags and mags if you wished. I wish! Mine goes on the rent...

McKneff

I find it quite confusing. So that means that so many people are getting DLA
that really it does not help with the disability. So shouldnt it be conditional that it then should be spent on care regarding the disability.

I do understand that lots of people do spend the money on their disabilities, wheelchairs, stairlifts etc. But to those spending it on booze, fags and mags,
well, words fail me.............

daska

DLA simlply recognises there are additional costs when you are disabled, whether it's extra laundry, taxis, equipment, care... Activities are more expensive as you might have to pay extra to get a carer to and into an activity. A lot of people use it on motability. It isn't means tested so in theory you can spend it on what you like but everyone I know who gets DLA struggles financially, do you know people who don't?

[Deleted User]

pippin49 wrote: »

Hello, you can't lose original award. You are requesting an update to your claim. Dunno who dial is but sounds like you have been given bad advice. My partner is disabled and we requested the mobility side. She is currently on middle rate care component. This is not affected by claiming the other rates.

If you ask for a reconsideration or appeal then you CAN risk the existing award,it is therefore ALWAYS advisable to seek help either from welfare rights or cab

[Deleted User]

anniehanlon wrote: »

I find it quite confusing. So that means that so many people are getting DLA
that really it does not help with the disability. So shouldnt it be conditional that it then should be spent on care regarding the disability.

I do understand that lots of people do spend the money on their disabilities, wheelchairs, stairlifts etc. But to those spending it on booze, fags and mags,
well, words fail me.............

DLA is to help compensate for the additional expense that being disabled often brings,however those in receipt of dla are perfectly entitled to spend it anyway the want