I am a support worker helping my client with her D.L.A application

mighty_reds

Hi All

I've had good success supporting clients with their DLA claims over the past few years.

I have encountered the below scenario and would like some advice on how best to proceed please.

Client in question made a DLA application without any support in August 2010. The claim was in relation to back pain and reduced mobility caused by an accident at work.

Late September 2010 the client had surgery on her back and is currently receiving outpatient care from the neurosurgery department.

Early October the client received a rejection decision from DLA. The reasons for rejection being she is not viewed as having a disability. The reasons for rejection do not make reference to her condition perhaps being temporary.

The client reports her condition has deteriorated since her operation in September. However, this could well be the "recovery period" and things will improve. I'm not sure and neither is the client.

Question

--> Should I support the client to appeal her original claim (I don't have a copy of the claim so have no idea what she put on it and her memory of it is vague).

or

--> Fresh application

Another Question

--> Can you appeal an existing claim and start a fresh one at the same time?


Thank you.

cabbage

Hi

I am sure someone will be along soon with further advice. As far as I know, you have a month to change a decision on any grounds which has passed. You could do a late appeal if you have good reason and submit another application at the same time.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949


Have you looked at eligibility for an Industrial Injuries Benefit and getting compensation from her employers

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949

To get compensation from her employers she will need to pursue them legally possibly on a no sale no fee which doesn't mean it will not cost her anything to do this but she could start the process by having a free no obligation 20 min appointment with a local solicitor to look at likely outcomes and costs.

mighty_reds

cabbage wrote: »

Hi

I am sure someone will be along soon with further advice. As far as I know, you have a month to change a decision on any grounds which has passed. You could do a late appeal if you have good reason and submit another application at the same time.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949


Have you looked at eligibility for an Industrial Injuries Benefit and getting compensation from her employers

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949

To get compensation from her employers she will need to pursue them legally possibly on a no sale no fee which doesn't mean it will not cost her anything to do this but she could start the process by having a free no obligation 20 min appointment with a local solicitor to look at likely outcomes and costs.

Thanks Cabbage, thats a good link there with regards appealing. My client is involved with Industrial Injuries Benefit actually. Not currently up to speed on where she is with that though.

Thanks for replying.

clairec79

When was her accident? Its not as simple as she applied too early is it? You need to have needed the help for more than 3 months for it to be counted as a disability

mighty_reds

clairec79 wrote: »

When was her accident? Its not as simple as she applied too early is it? You need to have needed the help for more than 3 months for it to be counted as a disability

Good point, I need to find this out Claire. The rejection letter made no reference to this being an issue (i.e. reason for rejection) but I will try and clarify this thanks

MrsManda

As well as her having her mobility issues for three months prior to her original claim, her mobility/care needs need to be likely to continue for 6 months or more.

If she didn't have mobility problems for three months prior to her original claim I wouldn't have thought it'd be worth appealing and better to just apply again. (I'm not in any way an expert but the three months prior/six months continuation are basic criteria for eligbility).

Do her doctors expect the problems to continue for at least another six months?

Did your client get a letter to tell her that the DLA assessor were writing to her specialist for information about her condition?

What does the decision letter say they made their decision using?
You can call them and ask for a copy of the information used to make the decision - I think it takes a few weeks.

Oldernotwiser

Are you supporting this person in a professional capacity?

Kimitatsu

Oldernotwiser wrote: »

Are you supporting this person in a professional capacity?

This would be my question too........being honest if you are a support worker then I would suggest that you go back to your organisation and seek their help. They should have access to large databases and adviser only hotlines which would be best placed to fast track the appeal and will know instantly when and where an appeal can take place.

If you find yourself having to come and ask on a public forum such as this then I would be seeking advice from a welfare benefits adviser either at your local community legal centre or the CAB.

From what you have posted above I fail to see how you can support this client to appeal anything as you have no knowledge of her original claim.

mighty_reds

Kimitatsu wrote: »

This would be my question too........being honest if you are a support worker then I would suggest that you go back to your organisation and seek their help. They should have access to large databases and adviser only hotlines which would be best placed to fast track the appeal and will know instantly when and where an appeal can take place.

If you find yourself having to come and ask on a public forum such as this then I would be seeking advice from a welfare benefits adviser either at your local community legal centre or the CAB.

From what you have posted above I fail to see how you can support this client to appeal anything as you have no knowledge of her original claim.

I've got access to and some friendly contacts in the local authorities welfare rights unit and they've advised on a fresh application.

Generally I like to cover a few angles and enjoy the benefit of picking up useful tips on a public forum such as this.

"From what you have posted above I fail to see how you can support this client to appeal anything as you have no knowledge of her original claim."

Maybe, but I can support her to try and establish if it's in her best interests to appeal.

Indie_Kid

clairec79 wrote: »

When was her accident? Its not as simple as she applied too early is it? You need to have needed the help for more than 3 months for it to be counted as a disability

I think you can apply (I seem to remember one or two doing it on here with no problems) before the 3 months - but you'd only get the money from the 3 month mark.

Invalidation

I never re-applied after any of my decisions, which were seemingly routinely refused but appealed them all......and won them all.