DLA appeal

Turning_into_scrooge

My DLA runs out at the end of this month and I have had my rate reduced for middle care to low. I don't yet know or understand why when i need more help now than i did when i first applied, i even need help durning the night to get to the bathroom. I was told that if i didn't agree with the decison i have to phone up and the desision can be reversed over the phone? i have nevr hear of this before, is this correct? the other option is to go to appeal, so how do I do this and where do i go. I have been up all night worrying about htis and i haven't had any sleep yet. TIA

Fran

Hi T_i_S,

Did you have someone to help you fill in the forms? If so, return to them straight away for advise.

If you phone them you can see what they have to say and ask them to put it in writing.

You have one month from the date of the decision to appeal, so if they don't change the decision with a review, you need to immediately get help if you didn't before from Citizens Advice or other welfare benefits advisers in your area.

Try not to worry, get some help.

Ted_Hutchinson

Turning_into_scrooge wrote:

My DLA runs out at the end of this month and I have had my rate reduced for middle care to low. I don't yet know or understand why when i need more help now than i did when i first applied, i even need help durning the night to get to the bathroom. I was told that if i didn't agree with the decison i have to phone up and the desision can be reversed over the phone? i have nevr hear of this before, is this correct? the other option is to go to appeal, so how do I do this and where do i go. I have been up all night worrying about htis and i haven't had any sleep yet. TIA

Spending £15 to Become a Benefits and Work member is probably your best option at the moment as you will then be able to download and read these guides.
A brief guide to DLA appeals (14 pages)
Improving the odds for clients with DLA & AA appeals

Certainly going to your local Welfare Rights Provider will help but having read the guides you will better understand what the WRA will be telling you and there is no guarantee the WRA will be able to attend the appeal with you anyway.
What you have been told about it being possible to have the decision changed simply by phoning is somewhat misleading as in total, only 10% of awards are changed on reconsideration. Simply having another decision maker look at the same information as already in your file generally doesn't make much difference. ALWAYS before papers are prepared for appeal the DWP reconsider the evidence. They do this even if the evidence has been reconsidered at the request of the claimant. It follows that if the DWP think claimant requested reconsiderations need double checking anyway they are a bit of a waste of time in the first place.
If you ask to go straight to appeal you will still have the same 10% chance of the award being changed without having to attend the appeal so specifically requesting a reconsideration simply wastes a couple of months and adds to the stress. The only point in requesting a reconsideration is if you want to delay the appeal until you get a report, or other medical evidence, from a specialist confirming your condition as it was when the claim form went in.
[SIZE=-2][PDF][/SIZE] How to appeal against a DLA decision is a free guide from the same authors as the Benefitsand work guides but it is now somewhat dated and although I haven't seen their new guides I'm sure they will have included information from the most recent Commissioners Decisions and therefore be more reliable.

Turning_into_scrooge

Thankyou for your replies. I have just phonned them and they said i need to answer how am i a danger to myself durning the day if left aloan. Why did they then give me middle rate last time if i'm not a danger i need more help now than i did 3 years ago. She want very nice either. I am so upset abotu this.

Fran

Turning_into_scrooge wrote:

Thankyou for your replies. I have just phonned them and they said i need to answer how am i a danger to myself durning the day if left aloan. Why did they then give me middle rate last time if i'm not a danger i need more help now than i did 3 years ago. She want very nice either. I am so upset abotu this.

Hi,

Have you already told them what ways you are a danger to yourself or do you have to phone them back or write?

If you can still reply to them, write down the answers you want to give before phoning so you don't forget anything.

Do you have someone who has helped in the past with your application?

Marsh_Samphire

On my second attempt to get DLA, I was awarded lower rate personal only (for arthritic hands so I can't prepare meals) even though I feel that most of my problems are with mobility. I rang and asked for a reconsideration and then wrote a long letter explaining all the problems I had with mobility and how it affects me in everyday life (which had originally been on my form anyway but I just went over it all again). For example, my form said I can't walk further than X distance and in my letter I explained how this meant I couldn't use buses because I can't walk from my house to the nearest bus stop, can't stand and wait for the bus etc. It seemed that personalising it helped in my case bcasue after a few weeks they gave me higher rate mobility too. So don't give up, write a sort of diary to show what you do during the day and night and also think of things you can't do or need help doing to show them in more details the problems you have.

Turning_into_scrooge

Fran wrote:

Hi,

Have you already told them what ways you are a danger to yourself or do you have to phone them back or write?

If you can still reply to them, write down the answers you want to give before phoning so you don't forget anything.

Do you have someone who has helped in the past with your application?

I got so upset and tied up in knots i couldn't think straight. I tried to phone welfare rights but they only answer the phone between 10am and 12 noon so i will try again tomorrow. I asked her if this is all i am entitled to and i'm far worse now than i was last time then why did they award me middle rate care? She said she couldn't discuss that. It just doesn't add up and i can't think straight.

I followed the link for welfare rights in TH post, thank you for this and i have emaild them, it's just as well they don't anser the phone after 12 noon as i couldn't talk to them right now.

Turning_into_scrooge

A very nice lady from Welfare rights has just phoned me and she is coming to see me on Monday at 4pm, she said we have to go to appeal as they should not of dropped it down from middle rate to lower rate. I just have to find evidence to back all this up. I had an assessment done by the Occupational Therapist falls service about 3 years ago, would this still be valid or is it now classed as out of date? they went through everything with me and it was noted back then that i would eventually need a stair lift, they actually wanted me to have one then but i was too proud to agree to it (with hind sight) and went for a stair rail instead. this is the most in depth proof I've got the other proof is a letter from the Rheumatologist i saw about 2 years ago. I can't seem to get any more help like physio or visits to the hospital any more as my doctor just says its the fibro and we can't do anything for it, compare with 3 years ago i'm now taking far stronger pain killers and far more tablets in total a day, there has to be something better. It seems such a strange coincidence that my son applied for carers allowance at the same time as my renewal was going through and that they are both dealt with at the same place, it feels like they gave me lower rate so they don't have to pay extra for the carers allowance which is unfair as he has been caring for me for 4 years now, since i had the car accident in 2001 which triggered everything off.

Turning_into_scrooge

Update

After my welfare Rights Adviser sent reports to DLA from my doctor and from a specialist occupational therapist in fibromyalgia i received a letter this morning saying i am entitled to middle rate care from July 2006 until July 2011, I have only ever been given DLA for a max of 3 years in the past so I'm amazed at 5 years but extremely happy they re-instated me back to what i was originally on. So i know have high rate mobility for 3 years and middle rate care for 5 years thats going to be fun in 3 years isn't it lol

Many thanks to all the advise given on here and the support that is given to everyone.:beer: :A :T

hjb123

Glad to hear that you have got it awarded. Bet you are so pleased and relieved!

Turning_into_scrooge

hjb123 wrote:

Glad to hear that you have got it awarded. Bet you are so pleased and relieved!

I am so relieved i cannot begin to put it into words and pleased if i could actually get out of the chair and jump up and down i would do but its not be recommended as i am lol