DLA refused - didn't contact new hospital or GP

daska

We submitted an application for DLA for my husband on 15/5 and got a letter back saying it had been refused because all he needs is help and reassurance when outside. They refused to allow that he suffers from extreme fatigue, dizzyness and falls. I believe this is because he is so stoic that he underplays everything - and I wasn't able to go to the hospital to make sure that he didn't do this. I did ring the hospital and tell them that there were problems and that we were applying and tried to get them to understand but the report was written by someone my husband has never seen on the basis of notes made by the nurse I didn't speak with!

I rang the DWP to tell them my husband's synptoms were getting worse, gave them details of his new GP (he hadn't seen his existing one for months) and, more crucially, his new hospital treatment centre (he's on a form of chemotherapy). The DWP didn't contact either of them, preferring to rely on out of date information.

The situation isn't helped by the fact that my husband and I have now separated but his family have little understanding of what's going on and so I'm still trying to sort him out.

What do I do? Do I ring on Monday and say "Why didn't you contact the new treatment centre for confirmation of these symptoms?"

di3004

daska wrote: »

We submitted an application for DLA for my husband on 15/5 and got a letter back saying it had been refused because all he needs is help and reassurance when outside. They refused to allow that he suffers from extreme fatigue, dizzyness and falls. I believe this is because he is so stoic that he underplays everything - and I wasn't able to go to the hospital to make sure that he didn't do this. I did ring the hospital and tell them that there were problems and that we were applying and tried to get them to understand but the report was written by someone my husband has never seen on the basis of notes made by the nurse I didn't speak with!

I rang the DWP to tell them my husband's synptoms were getting worse, gave them details of his new GP (he hadn't seen his existing one for months) and, more crucially, his new hospital treatment centre (he's on a form of chemotherapy). The DWP didn't contact either of them, preferring to rely on out of date information.

The situation isn't helped by the fact that my husband and I have now separated but his family have little understanding of what's going on and so I'm still trying to sort him out.

What do I do? Do I ring on Monday and say "Why didn't you contact the new treatment centre for confirmation of these symptoms?"

Hi there

Sorry to hear this, but please do not give up.;)

If this is the first application and they have refused, ask them to reconsider. If they reconsider and the decision have not been changed you have the right to appeal and if successful its backdated from when you first put a claim in for your husband.

I would sent in further information about the personal care and attention he has round the clock, if its required both day and night.

As you may know DLA is not actually awarded on a diagnosis, but more so the personal needs and attention side of things, because he is unable to cope without help with all his needs.
He may need help with dressing and undressing, running a bath as he cannot manage this, personal attention such as help with toileting, all this like they they tend to look at more.

When we first applied for my son, it was turned down , we got there in the end, he has Aspergers sydrome, its a form of autism, he also has complex needs, learning difficulties and anxiety disorders, he requires help with everything, both day and night attention is needed.

I would also ask a family or a good friend who knows you well to write a letter of support, because I feel this is what helped with my son's DLA in the end.

I think you must try to ask for this within the month of the date of the letter and also write your own letter to tell them "who would be able to clarify his needs to them, such as the ones they did not get in touch with.

Are you aware that you can ask the DWP to send you the reasons of why this was not awarded?
If you have not done this ask them to post them out to you and to reconsider as well, that's if you want to, also ask if another adjudicator could take a look.
Sometimes this helps.

I did not write in certain times when they asked for "how many minutes?", because it is constant attention, that is what I write, its difficult to put some into times when this can take a long time, best part of the whole day and the night.

For more information, check here, I will also post the link where you will also find this information, good luck;):

One of the ways to challenge a decision is to ask the DWP to look at the decision again. The other is to appeal to an appeal tribunal.

When the person you're looking after asks the Department of Work and Pensions (DWP) to reconsider a decision, a decision-maker can ask the person you look after to attend a medical examination and use the medical report from this to help them to come to a new decision.

You don't have to explain your case in person. The decision-maker will base their decision on any forms you have completed, reports from any medicals you have attended, and any letters or other documents you have sent. The decision-maker can ask you to attend a medical examination if you ask them to look at their decision again.

When reconsidering a decision, a decision-maker within the DWP will examine all the case papers. The case papers are the forms the person you're looking after has completed, reports from any medicals they have attended, and any letters or other documents they have sent. Having looked at the case papers, the decision-maker will see if they can come to a different decision. They will inform the person you're looking after of the outcome.

If they have been refused a benefit, they will need to send in more evidence to show why they think they're entitled to benefit. It's worth getting someone to help them challenge the decision.

If they have been refused a benefit then they have one month to ask the DWP to look at the decision again. If the DWP agrees that they're entitled to the benefit, they will be paid it from the day that they first asked for it.
If the person you look after is already getting some Disability Living Allowance (DLA) or Attendance Allowance, and he or she asks the DWP to look at the decision again, the decision-maker can remove a component of DLA as well as award one. It can also decide to pay a lower rate of a component as well as increasing the amount it pays. You should seek advice if you're worried about this.

The person you're looking after can ask the DWP to look at a decision again at any time if they want to dispute the level of benefit they're already receiving. For instance, if you're getting the lowest rate of the care component of DLA and you believe you might be entitled to the middle rate. However, you will only be paid at a higher rate from the date that you asked them to look at the decision again.

If a decision has been made on your claim and it was based on an official error, then the decision can be looked at again at any time. If the benefit is awarded, it will be paid from the date of the original claim.

Found on here:
http://www.nhs.uk/CarersDirect/moneyandlegal/disabilitybenefits/Pages/DLAandAAchallenges.aspx

[Deleted User]

Personally i would go straight to appeal as a "reconsidertion" is part of the appeal process

di3004

Yes I think your right.;)

It been a few years in regards of my son DLA claim, I recall it was turned down at first, we requested for a reconsiderating, they did this but did not change the decision then we appealed, in fact it did go as far as a tribunal, then he was awarded.;)