DLA rejected...should she appeal

needuradvice

hi everyone,

i have a friend whom has a mental health/severe paranoia disability. She has had this disability for a long time, going back a good 10 years or more. She used to be on DLA, when her husband was caring for her, but as she got better a few years ago, she got in touch with DWP and told them to cancel her DLA as she wanted to look for work. She was okay up until this year and unfortunately her condition has once again got worse.

Her husband has once again applied for DLA, but it has now been rejected. The reasons they wrote were that she didn't need help for more than 20mins at night. Now her husband clearly wrote on her DLA form that her condition varies from day-to-day, but on average he spends 10-20mins (sometimes more) per night and anything from 1-3 times a night helping her.

Now if they have rejected it because they say she doesn't need care for more than 20mins at night, then surely that is wrong? How can one calculate the exact times? What is he supposed to say to her? "oh hold on love, i better time you"... :mad:

Any advice would be greatly appreciated.

Thanks

rogerblack

needuradvice wrote: »

? "oh hold on love, i better time you"... :mad:

As stupid as it sounds, yes.
A diary may help.

needuradvice

but roger, he clearly wrote that her condition varies, i.e sometimes she could need 1-2hrs help and sometimes she could need 10-15 minutes help, but 3 times a night....doesn't that sound like 20 minutes or more a night?

What do you recommend he should he do now?

rogerblack

needuradvice wrote: »

but roger, he clearly wrote that her condition varies,

Keep a diary.
It doesn't have to be the same every night, nights that are significantly over can balance out ones that are significantly under.

needuradvice

thanks for your reply roger

He already has done exactly that and this is the reason why he wrote that her condition varies drastically. Some nights, she might have difficulty for approx 15mins, but may wake upto 3 times a night, making it a total of 45mins of support, other nights she might need someone awake for an hour, but only once a night - But they have still rejected it.

dave030445

needuradvice wrote: »

but roger, he clearly wrote that her condition varies, i.e sometimes she could need 1-2hrs help and sometimes she could need 10-15 minutes help, but 3 times a night....doesn't that sound like 20 minutes or more a night?

What do you recommend he should he do now?

where does the OP say could need 1-2hrs help

dave030445

needuradvice wrote: »

hi everyone,

i have a friend whom has a mental health/severe paranoia disability. She has had this disability for a long time, going back a good 10 years or more. She used to be on DLA, when her husband was caring for her, but as she got better a few years ago, she got in touch with DWP and told them to cancel her DLA as she wanted to look for work. She was okay up until this year and unfortunately her condition has once again got worse.

Her husband has once again applied for DLA, but it has now been rejected. The reasons they wrote were that she didn't need help for more than 20mins at night. Now her husband clearly wrote on her DLA form that her condition varies from day-to-day, but on average he spends 10-20mins (sometimes more) per night and anything from 1-3 times a night helping her.

Now if they have rejected it because they say she doesn't need care for more than 20mins at night, then surely that is wrong? How can one calculate the exact times? What is he supposed to say to her? "oh hold on love, i better time you"... :mad:

Any advice would be greatly appreciated.

Thanks

You have shot yourself in the foot, why say on average he spends 10-20mins per night sometimes more they will jump on that. Should of wrote on average 30mins 1-3 times a night.

McKneff

Dont mean to pry but what kind of assistance does she need 3 times a night given the disability you have mentioned.

Oldernotwiser

There was no reason for her to give up DLA because she wanted to work; many people work and claim it as it isn't an out of work benefit.

dave030445

Oldernotwiser wrote: »

There was no reason for her to give up DLA because she wanted to work; many people work and claim it as it isn't an out of work benefit.

But as the OP stated she got better!!! So she did need to give it up.

Sarah69

I would appeal, I don't think these forms are read thoroughly. There were 9 things they have refused me on, but these are things I've said I can't do and they are saying I can. I think I know what I can and can't do!