dla question please and if anybody help me...

nicandnoah

Also I filled all the forms in on my own and and went to the tribunal also on my own so as it stands he is not in receipot no more of dla and only got it for a few mths after the qualifying period to May 2010. Gosh this is so horrible to have this on my mind. It is my grandson not my son be he lived with me as did his parents when i was told to put in the claim.

If you ring the dla up they do have no records at all as it is a clerical claim. The judge i saw has restriced it though on the ground sof the wand pensions asking for it to be looked at and said in their letter it could be a slip of a pen.

Thanks

Muttleythefrog

nic.... you're going to need legal support. The advice people have given is probably the limit of what can be done here without having the papers in front of us and full facts. Probably that legal adviser is going to have to try to establish the facts, get appropriate documents, and in the face of understanding benefits law look at the options available... potentially regarding challenging this 'amended appeal decision', making new claim.. or otherwise. This isn't going to be a simple case of... well you phone up x and tell them y and z will happen and then you're sorted... sadly. I strongly advise returning to whoever provided the legal support for the appeal.. and if you got no such support at that time then try to get appointment with Welfare rights or CAB and get together all the information you have. Explain to them you historically had made a successful appeal against a DLA decision regarding a child and that the dates for which the appeal decision award applied have now been amended apparently by that appeal tribunal judge after the event on some apparent basis that a new claim was claimed to be instructed.

jetplane

nic.... you're going to need legal support. The advice people have given is probably the limit of what can be done here without having the papers in front of us and full facts. Probably that legal adviser is going to have to try to establish the facts, get appropriate documents, and in the face of understanding benefits law look at the options available... potentially regarding challenging this 'amended appeal decision', making new claim.. or otherwise. This isn't going to be a simple case of... well you phone up x and tell them y and z will happen and then you're sorted... sadly. I strongly advise returning to whoever provided the legal support for the appeal.. and if you got no such support at that time then try to get appointment with Welfare rights or CAB and get together all the information you have. Explain to them you historically had made a successful appeal against a DLA decision regarding a child and that the dates for which the appeal decision award applied have now been amended apparently by that appeal tribunal judge after the event on some apparent basis that a new claim was claimed to be instructed.

This is completely correct there is nothing anyone else can advise. Dont waste any more time start ringing tomorrow morning. Oh and ring the Tribunal and ask for a statement of reasons and record of proceedings and copies of all of the papers.

nicandnoah

well I read a lot on here and what people said etc and I rang the dla up and i acted a little silly saying that nobody told me i9f I rang for a new claim form it would restrict the decision of the tribunal.

That was yesterday and today I got a call and they said they are sending me g1? form for both myself and my daughter to sign and that a decision maker has looked at the case and that they are trying to award the dla for the period the tribunal awared although the tribunal have awareded it for the restriced tome now.

He said the decsion maker is only in office until friday and he wants her to deal with it and i have to fax the form back when i get it in the morning.

Does anybody know what this form is and he stressed i cant promise anything but it worth a try... i feel a little happier but what do you think. Thanks in advance

GlasweJen

I have no idea what the form is sorry but what's the wee ones prognosis if he doesn't get a heart? I'm really sorry to ask this but does he have 6 months or less to live?

If so you can get your GP to fill out a form and make a new application for DLA under "special rules", this might be less stressful than going through all this.

Hope wee one gets his heart, I'm also on the list and apparently winter is a good time for getting new organs (transplant nurse told me that, bit morbid but it gives me hope, I'm the wrong blood type with odd tissue markers).

nicandnoah

hello he has cctga, where is heart is the wrong way round top and bottom not just normal tga. He will fail but when we dont know and they are doing the wait and see. Because of this he is on loads of meds bless him.. love him to lots and my little star and pray he keeps strong. Thanks for asking anyway it sos hard. I think the form may be to say payment can be released to my daughter Hollie as she is his legal guardian but at the time of the claim she was doing her a levels and he and her were in my car and on my working tax cretit form etc... oh she deserves what hse gts as amazing. She is diabetic and her uncle died last week aged 38 of a bad hypo so worry about her too.

Thanks for replying to me... I hope you gte your heart. Adult ones are easier to get I think. I am going to do some awreness also I think when get everything sorted as the public dont understand how they can help.

Kind regards Nicola

GlasweJen

Hi Nicola, I was told kids have better odds! Depends on the area I suppose....

Ask the doctors outright what his chances are, explain why you need to know and you might find that their "sit back and see" approach gets shifted ton the side.

There are circumstances where the claimant doesn't get told they've got it under special rules so you might be able to fix it so that your daughter doesn't know the prognosis if that's any help?

nicandnoah

awww bless it upsets me to talk like that... nobody knows anything bout it not evan the gp its a cond that affects 1 in one million. In america they swap it all over but dont over here at all. Its awfuland he is a fighter. He was very very ill at 3 mths and we nearly lost him. WE feel like a number not a person.... thanks nicola x

GlasweJen

If it's possible to swap his own heart around have you investigated going direct to the health board and asking if they can fund this surgery? Just thinking his own heart would be better than anyone elses, apparently the anti-rejection drugs are pretty awful.

squoog

Just read the fantastic news that Glaswejen has her new heart!! !!
And to nicandnoah, just want to say to keep your hopes up. My son got a heart at only 7 months, so it can happen. He is now 11 years and doing well.