Help, Dads been refused DLA - should i appeal?

dee123

Hello,

I'm wondering if anyone can advise me on appealing a DLA decision

We put in a claim a few months ago for my dad who has serious problem with his back which affects his day to day activities and needs someone to help him throughout the day

The claim was turned down for both the mobility and the care component and i just don't know what do to next, I would like to appeal but i don't know how to go about it,

is there any organisations that can help such as Citizens advice etc?

I've read that more people have had success with a tribunal appeal where they can describe the problems they face, is this the best option?

my dad doesn't speak very good English so i think it would be quite hard for him to go through a tribunal by himself, can any organisation members or someone on his behalf plead the case?

Thank you for taking the time to read this, I'm just really not good in these situations and my dads been worrying a lot so i'm hoping someone can point me in the right direction.

Thanks

cyberbob

Yes appeal there is a huge number of DLA cases that are granted on appeal. Your local CAB should be able to give advice on the appeal so its worth contacting them

Errata

Either the CAB or your local DIAl or disability rights organisation will help your dad with his appeal.
If his English is poor he can ask for an interpreter to assist him.

Mojisola

In addition to the above, his local council should have some Welfare Advisors who will fill in the forms for him. Ours are very helpful.

You don't get very long to appeal against the decision so get on to it quickly.

Indie_Kid

I do believe you can get an interpretator at tribunal if needed.

dee123

Thanks for the replies,

Should i start CAB first and see if they advise me for DIAL etc? or should i go direct to the DIAL? or the council?

the interpreter at the tribunal would it be there own employee or would my dad be able to bring his own?

Thanks again

Invasion

I imagine the tribunal would provide the interpreter, though could be wrong! Both CAB and DIAL are incredibly busy at the moment, requesting a statement of reasons from the DWP gives you an extra 2 weeks to appeal, and may be helpful in appeal. I prefer DIAL (A4U in most places now) to CAB but it varies a lot by area.

Mojisola

It might be worth contacting them all and seeing who can see your father quickly.

firesidemaid

just out of interest, did anyone help your dad fill out the form/s in the first instance?

saving_pennies

Hello Dee,

I have no other organisations/agencies to add to the ones others have posted here, but wondered if you were aware that the first step when you disagree with the DLA decision is a reconsideration (and this needs to be done in a certain time scale, from memory I think it is 28 days from the decision date). In a reconsideration you can supply further information, plus the entire application is viewed by a different decision maker. Only if you diagree with the reconsideration does it progress to a formal appeal.

I have disagreed with the decision on two occasions before and both times when it went for reconsideration the decision was changed in my favour.

friendlystranger

I'd say that most of the time the benefit isn't awarded simply because the claim pack isn't completed correctly. DLA is not awarded based on diagnosis, it is only awarded based on care and mobility needs. Shopping, ironing, and gardening are not care needs.

The care component would only really be awarded if he had trouble with any of the following:-
Getting in and out of bed.
Getting washed/dressed.
Getting in and out of the bath/shower.
Toileting.
Preparing a meal.
Eating a meal.
Taking medication.
Communicating with other people.
Getting around INSIDE the house.
Needing supervision because they are a danger to themselves.

So does he have any of those care needs? If so, then I would appeal the decision. If not, then maybe he isn't entitled to DLA after all.