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Dla

wheretheresawill
wheretheresawill Posts: 150 Forumite
edited 13 September 2010 at 7:35PM in Disability money matters
thanks got my reply
«1

Comments

  • First you must ask for the decision to be reviewed which will take a few week/months. Meanwhile gather your evidence for the tribunal.
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  • dmg24
    dmg24 Posts: 33,920 Forumite
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    Did you submit supporting evidence? Do you have care or mobility needs?
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  • dmg24
    dmg24 Posts: 33,920 Forumite
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    You have talked about difficulties, but are these care and mobility needs? For instance, do you need to be watched over? How often do you have episodes?
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  • babymoo
    babymoo Posts: 3,187 Forumite
    I originally got my DLA turned down and I went straight to the CAB who put me in touch with the welfare rights who then battled my case for me at a tribunal and won. This is the route I would advise anyone to follow. I never appealed against the decision, just asked for reasons as to why they turned me down, then gave that information to the welfare rights aswell.

    Good Luck
  • babymoo wrote: »
    I originally got my DLA turned down and I went straight to the CAB who put me in touch with the welfare rights who then battled my case for me at a tribunal and won. This is the route I would advise anyone to follow. I never appealed against the decision, just asked for reasons as to why they turned me down, then gave that information to the welfare rights aswell.

    Good Luck


    thanks! for some reason I cant thank you for the post???
  • dmg24
    dmg24 Posts: 33,920 Forumite
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    When i'm hypomanic I put myself in danger
    When depressed I neglect myself/house
    I would pretty much say I have care needs, my psychiatrist says I have care needs, my gp has concerns when I am hypomanic. I'm not going to detail my behaviour on here as an internet forum is not the place to discuss such private details. I have had 2 episodes this year.
    All I need is advice with regard to how I appeal i.e do I need to get my doctors reports together or is it enough to ask DWP to do so

    Yes, you need to submit reports yourself. There is no obligation on the DWP to do this.

    I would get some advice on your appeal - it sounds like you have not described your needs correctly. Having said that, depending on the length of your episodes, I would not rely on being given an award. At best I would expect a LRM and LRC award, due to the relative infrequency of your episodes.
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  • MrsManda
    MrsManda Posts: 4,457 Forumite
    thanks, however I disagree that 13 years of virtually continuous bipolar is infrequent - my depressive episodes lasted years at one point, cycling between severe depression and moderate depression remitting only to mild depression before entering severe depressive episode again interspersed with occassional hypomania. However I am grateful that my episodes in the past 12 months have been controlled by meds and that i am able to work

    I cannot be 100% certain as I'm new to all this but I think DLA is assessed on your current needs not on the basis that you've had 13years experience of bipolar. The forms guidance says that your care/mobility needs must have lasted three months prior to the claim and are expected to continue for a further six months.
    DLA Checklist pdf.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    MrsManda wrote: »
    I cannot be 100% certain as I'm new to all this but I think DLA is assessed on your current needs not on the basis that you've had 13years experience of bipolar. The forms guidance says that your care/mobility needs must have lasted three months prior to the claim and are expected to continue for a further six months.

    This is correct.
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  • In my experience working for CAB most DLA claims seem to get turned down these days.
    The fact that they replied so quickly indicates they did not bother to get reports from your health professionals, so I suggest you try to get hold of some yourself.

    If I were you I would ask for reasons, though your decision letter has probably given those, and I guess they contradict what you put in your form. So ask them to look at it again. That will give you time to get your health reports together and to prepare for the next stage. Y

    You have one month from the date of the ( first ) decision letter to challenge the decision, but asking for reasons will give you an extra 14 days I think. If you get turned down again after a review then you can appeal. You have the option of an oral or written hearing. If you can face it, and preferably get some one to go with you and support your claim, then go for the oral hearing. This takes time so it could be up to a year before it is all sorted out.

    Remember that the DWP has been told to save money and so are cracking down on benefits like DLA and a refusal is pretty normal these days. I believe they have targets to meet.
    If you can. get help to challenge from your CAB or mental health charity or DIAL, MIND etc.
  • thanks, however I disagree that 13 years of virtually continuous bipolar is infrequent - my depressive episodes lasted years at one point, cycling between severe depression and moderate depression remitting only to mild depression before entering severe depressive episode again interspersed with occassional hypomania. However I am grateful that my episodes in the past 12 months have been controlled by meds and that i am able to work
    The DM will not take in to account how bad you have been during the last 13 years.
    It is how you are affected now that matters and unless you can provide solid evidence to prove that you need help with mobility or with care and that your life is affected without it then I think you will find you will not get an award based on two bad spells during the whole of this year.
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