Can anyone help me please?

Indie_Kid

zzzLazyDaisy wrote: »

Then get make appointments to see the consultant, physio, cystic nurse, and any other professional involved in his care, explain what has happened and ask them for reports - get the reports sent to you, so you can forward them together.

By doing this, you know what's been said by the specialists to your son.

what-a-mess_4

sh1305 wrote: »

You can't ask for a review and then appeal. if you go straight to appeal, they review it as part of the appeals process.

The woman on the phone told me to ask for a review and if that
wasn't successful then I could appeal.However if I went straight to appeal I only got one shot rather than two.
Was I misinformed?

what-a-mess_4

Thanks LazyDaisy and sh1305. Would you bother asking the GP about the original report?

zzzLazyDaisy

The problem with GP's reports is that if DLA ask for the report, they send a very short questionaire which from memory is (or used to be) little more than a list of tick boxes. When I have done my own DLA applications and helped others, I have always obtained the reports myself and sent them off with the application. This means I have an opportunity to speak to the medical professional concerned and make sure they do in fact understand the problems - and also I get to see the report before it is sent off.

But a consultant's report 'trumps' a GP's report anyway, and if you get that backed up by people who do actually know your son and how his illness affects him on a day to day basis, this should supercede the GP's report. So to be honest, unless the GP is helpful and supportive, I wouldn't bother.

On the other hand, if the GP is normally helpful, but simply didn't realise the impact of the report (they are not welfare benefit workers, after all) then after you have obtained a report from the consultant, the GP will get a copy and may be willing to give you a better report if you wish - but as I say, I'd concentrate on getting supportive reports from people who really do know what they are talking about.

Re the review/appeal thing... unless things have changed (and they may have done) it certainly used to be possible to apply for a review, and then to appeal if you still didn;t like the decision, because I did that once in the dim and distant past. But my practice in recent years when helping people with DLA is to send in a detailed appeal with supporting documentation, and if appropriate commissioners decisions (the welfare rights adviser will help you with this) and a covering letter saying please place this appeal before an independent decision maker for reconsideration, but if this does not result in the decision being overturned, I wish to proceed straight to appeal. Maybe I have been lucky, but the four appeals that I have been involved with were all resolved at this stage.

The problem with asking for a review is that is goes back to the original decision maker for reconsideration (or at any rate that used to be the case) whereas on appeal it is passed to someone higher up for review before the appeal proceeds.

I hope this helps and hasn't further complicated/confused the issue.

Please also note - I am not a welfare benefits advisor, and I don't claim to be an expert - I am just someone who happens to have had some dealing with DLA for myself and friends of friends.

Good luck!

what-a-mess_4

Thanks zzzLazyDaisy, thats really helpful.The bit about the consultants report trumping the gp is good to know.
I didn't know they'd written to the GP as the letter I received just said they'd requested more information from the specialist otherwise I would have been a bit more proactive.

Regarding the review the lady did say it would be looked at by a different decision maker. I'll definately check all of this with welfare rights.

I really can't thank people enough for their help with this.:T:)

sueturnersmith

what-a-mess wrote: »

The woman on the phone told me to ask for a review and if that
wasn't successful then I could appeal.However if I went straight to appeal I only got one shot rather than two.
Was I misinformed?

I was advised by CAB to ask for a reconsideration of my DLA claim, because I have been told that going to tribunal is very stressful, and I have been advised to avoid all stress. They asked for a GP report, which was done by another doctor at my surgery because my GP was on leave! My GP knew I was claiming DLA, and fully supported me, but the doctor who completed the form was unaware of this!

CAB also told me that if that fails, then we will appeal, but hopefully it won't come to that.

So it does seem that you have two shots!

Indie_Kid

I was told by someone on the phone (a DM?) that you can't ask for a reconsideration and then appeal that reconsideration. I would personally go straight to appeal - they reconsider as part of the process anyway.

wornoutmumoftwo

sh1305 wrote: »

I was told by someone on the phone (a DM?) that you can't ask for a reconsideration and then appeal that reconsideration. I would personally go straight to appeal - they reconsider as part of the process anyway.

I was told you could do a reconsideration and if that failed you could appeal, though I chose to go straight to appeal as I read somewhere reconsideration rarely changed the decision. Very confusing.

southantrim3

You can make an appeal after a reconsideration. As the above person said, if you go to appeal they'll usually do a reconsideration first anyway, agreed - it is confusing.