DLA reconsideration

mandjaz06

I have recently been awarded low rate care and low rate mobility and sent away for a reconsideration on the care componant as it is not fair as to the care needs I have.
I have now received a letter today stating they are sorry they cannot make a decision on my claim as of yet as they have sent away asking for a report from my psychiatric nurse/psychiatrist. Once they receive it then they will contact me with the decision they have made.

Is this normal proceedure or with doing this and not turning me down straight away a good thing? Do I take this as a sign that they are taking my point of view seriously and stand a good chance?

I know my cpn will be fantastic in providing everything they need to know and verify all the points I have made to why I disagreed with their original decision.

Nym_Mcfroglet

Yes if you've asked for them to look at the decision again it's a different Decision Maker, if they're getting more information then it is obviously better than them rejecting your reconsideration request out of hand. As to being hopeful, it all depends what your CPN says and also what you put on the form. Regardless of whether you need more help or not, if you didn't make that clear on the DLA form they can't award you a higher rate. Best of luck!

mandjaz06

It was my cpn who wrote out the claim form as I am unfit. I am an outpatient for the early intervention team of psychosis and I got a copy of what she wrote. Their award and reasons contradicted what was on the claim form and clearly wasnt looked at properly first time around.
My husband wrote a statement for me as my main carer and listed all points we disagreed with and gave a bigger background as to how much care needs I have. I need to be constantly watched over so I am not a threat to myself or anyone else, day and night so low rate really shouldn't apply to me.
Thank you for getting back. Fingers crossed it is a positive outcome.

Indie_Kid

Do you have any evidence from your CPN? The decision maker has a handbook, which states the likely care / mobility needs of someone with a certain condition, which they sometimes refer to.

Gemstar30

Nym_Mcfroglet wrote: »

Yes if you've asked for them to look at the decision again it's a different Decision Maker, if they're getting more information then it is obviously better than them rejecting your reconsideration request out of hand. As to being hopeful, it all depends what your CPN says and also what you put on the form. Regardless of whether you need more help or not, if you didn't make that clear on the DLA form they can't award you a higher rate. Best of luck!

Hello,

There is not much that I can add to this other than the fact that I can't understand why the reports were not requested before the first decision was made. Why only now?
Does that say anything about how decisions are made - maybe. It certainly sends a shot out saying that people MUST appeal/ask for a reconsideration if that is the sort of game they are playing at.
It can't be true that they will only take you seriously if you tell them that you don't agree with their decision.

I believed, it would seem wrongly now, that if a decision is made it is based on all of the available evidence, and any request for it to be looked at again or appeal would really be wasting the claimants time, that of the DWP and certainly the Tribunal.

I am also surprised with that comment about even though there if there is more than ample evidence from independent authorities available, if the DLA 1 was not completed fully, it will not be granted!!

Gemma
x

mandjaz06

My cpn wrote the claim form out and sent it away so not sure if she included anything with it but if not then she will be writing the report when received. She knows the extent of my illness and care needs and works very closely with myself and the family.
She was shocked to see I only got lower rate knowing what she wrote on the claim pack and that's why I believe it wasn't looked at properly. It only took them 6 days to give me my award!!
I am confident she will provide all that is needed, I have bipolar 1, mixed state, psychosis and perception disorder. I had a breakdown couple month a go which has made me deteriorate badly. They do not want me working for atleast 2 years and see that it will take that to try get me on track again. I self harm, have attempted suicide and rapid cycle with my moods to the point where family won't allow me to be alone in case I do something stupid.

Nym_Mcfroglet

Gemstar30 wrote: »

Hello,

I believed, it would seem wrongly now, that if a decision is made it is based on all of the available evidence, and any request for it to be looked at again or appeal would really be wasting the claimants time, that of the DWP and certainly the Tribunal.

It is based on the evidence, but DLA don't always get medical evidence, it's down to the Decision Maker to decide if they need supporting evidence

I am also surprised with that comment about even though there if there is more than ample evidence from independent authorities available, if the DLA 1 was not completed fully, it will not be granted!!

x

If you've signed a document to say that the information you've given is complete and true, but you've omitted information about the severity of your conditions, the DM doesn't have the option of presuming you're more ill than you've said, they have to go with the information you've provided. Unfortunately it's often the most common reason for refusals of DLA.

Nym_Mcfroglet

mandjaz06 wrote: »

My cpn wrote the claim form out and sent it away so not sure if she included anything with it but if not then she will be writing the report when received. She knows the extent of my illness and care needs and works very closely with myself and the family.
She was shocked to see I only got lower rate knowing what she wrote on the claim pack and that's why I believe it wasn't looked at properly. It only took them 6 days to give me my award!!
I am confident she will provide all that is needed, I have bipolar 1, mixed state, psychosis and perception disorder. I had a breakdown couple month a go which has made me deteriorate badly. They do not want me working for atleast 2 years and see that it will take that to try get me on track again. I self harm, have attempted suicide and rapid cycle with my moods to the point where family won't allow me to be alone in case I do something stupid.

It sounds like you have a supportive CPN, so best of luck

mandjaz06

But everything was included in the claim form of what was ommited afterwards. Just stressed a few points more in writing and painted a better picture than just answering questions. Nothing has been brought up different to what the claim form already states but just given a more in depth understanding of what my care needs are and why we disagree that low rate care is fair. The cpn that they request a report from also was the one that filled the form out so this is where I am getting confused with the whole thing.

Nym_Mcfroglet

I can't see your claim form so really can't comment on why they've given you LR Care - it could be from dozens of reasons, ranging from a strict DM to DLA feeling you cope with your disabilities. I know mental health is a difficult one to quantify and i've seen a lot of refusals for benefit when someone has mental ill health. If you've stressed more points in your letter then the DM has more of a picture to work with, they've got something to hang their hat on. The forms are vile, my advice would be to anyone to go to an advice agency to ask them to fill the form out with you, if they do the forms every day they may elaborate more in how your conditions make it difficult or impossible to do everyday tasks in and around the home.

mandjaz06

Thanks Nym, she is a diamond