dla appeal, sorry

vizcacha

That's outrageous !

it used to be that microwaved meals or ready meals didn't count

the CAB would probably have up to date stuff on the conditions needed to qualify

hope things work out for you

fingers crossed

beanielou

Hate to be bearer of bad tidings but you cannot appeal against decision of a tribunnial unless there has been a mistake with a point of law.
May be best for your MIL to wait a few months & then reapply.
Take care

healy

beanielou wrote:

Hate to be bearer of bad tidings but you cannot appeal against decision of a tribunnial unless there has been a mistake with a point of law.
May be best for your MIL to wait a few months & then reapply.
Take care

From what the OP has said it sounds like there could well be errors in law as the wrong time period was being considered and the cooking test sounds incorrect, it is definitely worth getting it checked out by a Welfare Rights Officer.

beanielou

That is the field Im involved with!

healy

So you should have seen the potential errors in law!

sured

thanks to you all, i'm going to write in and ask for reasons, when i get them i will come back and let you know what they are, maybe we can decide what to do then,
love sue x

Miss_Money

Id go to the cab and ask them to help you word the appeal again. Im toatally flabberaghsted at the way they award someone based on the WORDING! i hope you get somewhere with it i really do MM xx

Unity

Hi Sue,

Has your MIL got worse since the original claim? You do know you can put another claim in straight away don't you? I know of people who have been refused countless times, but because they know they're entitled to benefit they keep on.

I have fought, won, lost again on a review and won again when I pointed out their own DSS visitor had stated I was entitled and had backed this up with a letter!

Don't give up and if I can help, please PM me - we are in the same area I think (Newcastle Airport) so if you fly again ask for wheelchair assistance and your MIL won't even have to climb the steps to the plane. Also ask for a mobility seat for her, which should get her some extra leg room.

Unity

sured

thanks unity, i am busy writing a letter asking for a statement of reasons, so i will see what comes of that. i have just been on the bhas website and it says cooking something in the microwave doesnt count so i think there has been a mistake with a point of law. reading everyones stories about dla, i think it has got to be the hardest benefit to claim.everyone seems to have to fight for it.

Unity

Hi Sue,

I'm not sure, but I think you can put another claim in even whilst you are waiting for a statement of reasons, as you will probably wait ages for this to appear:rolleyes: . Certainly you shouldn't wait a few months as you only get benefit backdated to the date of the claim and she needs it NOW!

You are right that the decision is wrong on a point of law as nowhere in the legislation does it mention microwaves, although if you don't know this and say that you manage with microwave meals, they will take it you can manage and not award the benefit. It all comes down to what they can get away with - you agree to it, they get away with it!

I had one of the visiting GP's ask me on the question of heavy pans: "Surely you could lift vegetables out of a pan with a slotted spoon?" To which I replied that I possibly could, but how would I get the pan to the stove in the first place! In reality it's not up to him to interpret the law, he shouldn't even have asked this. It isn't even up to the tribunal to interpret the law - just apply it and they obviously haven't here:confused.

The http://www.bhas.org.uk site has a 54 page document on filling in DLA forms which is very useful. I passed this on to someone, she followed it religiously and had her award reinstated. You can't ask more than that.

One thing I find grossly unfair is that in some parts of the country you will get DLA without ever seeing one of their GP's - they'll take it purely on the form and your GP/Consultant's reports. In the North East alone, if you live in one area you have a one in eight chance of seeing one of their docs - in the next town it is a one in fifteen chance.

Soldier on Sue, 'Shy bairns get nowt!':rotfl: :rotfl: :rotfl:

Unity