Review came back worse than original desicion

veggyboy

Not sure how to star this, but I applied for DLA back in April (Ithink) and after 4 weeks got a letter saying that I could walk 50 metres at my own pace so didn't qualify and as I only needed help showering at the moment I didn't qualify for care either (that bit is ok I can deal with the shower thing, it just takes a while).
I phoned the dwp and explained to a member of staff I din't agree and asked what did I do next, she asked me some more questions about my walkiing and said they would look at it again. While this was going on I had an ESA medical which they gave me 0 points on (this is now being appealed against).
I had the revised finding letter today and based on my medical with the ESA they have said I can walk 100 metres with no ill effects at all.
Should I wait untill my ESA appeal is over then reapply or appeal the DLA desicion as well as it is based on a flawed medical.
I have severe heart failure and unstable angina and now have depression to boot. From what I have read on the DWP website I am not sure I should have even gone for a medical as working could bring a severe attack with all the consequences.

dmg24

How far can you walk? How care needs do you have?

veggyboy

dmg24 wrote: »

How far can you walk? How care needs do you have?

I can walk about 40 ish metres, maybe a bit more before having to use my nitro spray, sometimes not even that far. The care thing is at the moment not being able to dry myself when I shower, but as I said I can get round that by air drying a bit.

Ames

Have you actually had the DLA appeal, or have you just had a reconsideration?

veggyboy

Ames wrote: »

Have you actually had the DLA appeal, or have you just had a reconsideration?

No it was just a reconsideration, but I didn't know wether to leave it untill my ESA was sorted and then just start a fresh claim for the DLA.

Ames

If you can face it, I'd do it all together, otherwise you'll be without benefit, or entitlement to backpay, for a few months. Also, there's nothing to stop you putting in a new DLA claim while you're appealing the old one, if your needs have changed. Remember though you only have a month from the date of the reconsideration decision in which to lodge an appeal.

dmg24

veggyboy wrote: »

I can walk about 40 ish metres, maybe a bit more before having to use my nitro spray, sometimes not even that far. The care thing is at the moment not being able to dry myself when I shower, but as I said I can get round that by air drying a bit.

Based on this information, I would say that you would be a borderline case with regards to DLA mobility, and unless you have further care needs, I doubt you would qualify for DLA care. By all means appeal, but be aware that you may be unsuccessful.

Trasthmatic

dmg24 wrote: »

Based on this information, I would say that you would be a borderline case with regards to DLA mobility, and unless you have further care needs, I doubt you would qualify for DLA care. By all means appeal, but be aware that you may be unsuccessful.

I agree with dmg24. You'll be lucky to get h/mob. They'll say that you can use your spray to relieve breathlessness and then carry on walking after a short rest. They use a similar argument for asthmatics.

veggyboy

Thanks for the replies. When I phoned I did ask should I leave it untill my problems got worse as my heart problem is progressive. Think I will leave it for now and see how I get on with my ESA

ShockingPink

Doesn't "severe discomfort" count any more? When I first applied for DLA (9 years ago now) I was turned down, but at the appeal, despite me being able to walk more than 50 metres (with lots of rest stops) they allowed the appeal. I also got lower rate care because of the cooking test. I've since reapplied twice and got the HRM and LRC again.

Paparika

Cooking test?

hope they don't expect me to cook a three course meal..

whats the cooking test?