Attendance allowance application refused, what can we do?

Dinah93

I'm hoping someone can help. I didn't know if this was better here or in the disability section so please move it if it would be better there. I'm sorry it's an essay but I'm hoping by giving more information someone may be able to help us.

My granddad started having some slight problems with his movement, shuffling feet, trembling in his legs etc last summer, and in November he lost control of his walking and ended up falling on his drive and hitting his head on his front wall, he was on the floor for half an hour before a neighbour spotted him. He was taken to hospital, where they didn't do a scan despite him needing stitches to his head. He got a lot worse after this fall, forgetting things from his phone number to how to get the kettle to work. He certainly couldn't drive his car any more. My mum started doing the 10 mile each way trip twice a day to check on him, clean up the house and to make him his dinner as he couldn't stand for long enough to do it. He took a few more falls within the house in November and December, and just before Christmas mum and dad moved him in with them as my dad is newly self employed after being made redundant so at home quite a bit during the day.

Things just got worse in January, and he was sent for a scan, which showed he either has a brain bleed or a tumour. They rescanned with an MRI in late February and they are now veering towards tumour. They can not find out if it is malignant or benign due to the location, as a biopsy will cause a massive stroke. So far no treatment options have been suggested as possible due to his age and the location of the tumour. He is due to see the consultant again next week to see if they can come up with anything.

He was a very able bodied man this time last year, he walked 3-4 miles a day, he was sharp as a pin and very sociable. Now he can't walk more than about 30metres without having to stop, sometimes he stops as though frozen and can't move for up to 15minutes. Sometimes he collapses as though his legs have lost all support. Mum and I can't take him out without my dad or DH with us any more as granddad is too heavy for us to hold when he falls. He doesn't help in this respect as he won't use a wheelchair as sometimes he can walk up to 100m although this is rare and takes a VERY long time.

My dad has had to start turning down work as he can't leave grandad in the house on his own for more than an hour or two. While he's fine sat in the chair, he can't get up and go to the bathroom, or get a drink, and it wouldn't occur to him to eat. My mum asked the doctor who said due to grandad's age (78) the only thing they may be eligible for is attendance allowance. They applied for this but were refused.

I am looking for some advice on what the criteria is as my mum is wanting to write a letter asking them to reconsider. I do not know if it is income based, but my mum earns a decent wage as a teacher, my dad does not earn much since being made redundant last April, maybe £7,000-£8,000 in that time. He was applying for both full and part time consultancy/temporary self-employed work but has had to stop a lot of this as they just can't leave granddad home alone. They do not claim any benefits and have both worked and paid tax, NI etc for 30+ years. My granddad gets a state pension and a small private pension together these come to about £800 a month. His house is up for sale however at present still has a mortgage, council tax, bills etc to be paid on it.

Things my parents have to do which 6 months ago he could do himself
Help him from a seated position to standing, walk with him if there is nothing to hold on to (such as from the sofa to the loo)
Give him his tablets and make sure he takes them, he took far too many of one before Christmas and none of the others, so now they give him them, but you have to watch him make sure he takes them as he forgets to actually put them in his mouth and just leaves them everywhere. If he wasn't handed them now he wouldn't ever remember to take them even if you set an alarm
Help him with daily functions ie he couldn't work out to take his jumper off when he was hot the other day, he can't find his clothes if they're inside a cupboard or drawer - you have to lay them out for him
Get up with him in the night if he needs the loo, a drink, his painkillers
Drive him to appointments
Do all household tasks 100% ie cleaning, cooking etc
Manage his money, pay his bills etc

Anyone who meets him can see he's not well, but I don't know if it's not having a firm diagnosis on paper that is getting his application refused?

We would like nothing better than to find out why he is going downhill so quickly and for the hospital to come up with a treatment plan, but in the meantime if there is any help out there to make up for some of the work dad is having to turn down to be his carer it would help. Please can you advise what attendance allowance is looking for, as as far as we're concerned he needs round the clock care. If there are any other benefits he may be entitled to as well or instead of this attendance allowance I'd also be interested to hear please.

rogerblack

I'm guessing AA has been refused possibly due to focusing too much on mobility elements (which are irrelevant to AA) and the decisionmaker not properly looking at the care.
However.
The right thing to do is to phone them up in the next few minutes, and ask for a 'written statement of reasons' on the decision not to grant AA.
This will detail the reasons as to why he did not get it.

Then when you get these, consider appealing.

Or if the decision was over a month ago, a late appeal, or a fresh application may be warranted.

Mojisola

https://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10012438
"To get Attendance Allowance, your disability must be severe enough for you to need any of the following:

help with things such as washing (and getting in or out of the bath or shower), dressing, eating, getting to and using the toilet, or communicating your needs

supervision to avoid putting yourself or others in substantial danger, for example, needing someone to keep an eye on your medical condition or diet, or because you cannot control the way you behave

someone with you when you are on dialysis"

It sounds as if he should be awarded it on the basis of the first two paragraphs. It's probably the way the answers were given that didn't clearly explain his needs. Get help from an advisor. Try AgeUK.

sleepless_saver

One of the criteria is that the care needs have to have existed for at least 6 months. So if he wasn't so bad until January then this condition may not have been met.

I suggest you wait till six months have passed since the falls started in November before reapplying. And do get help to do it from Age UK or CAB.

rogerblack

sleepless_saver wrote: »

One of the criteria is that the care needs have to have existed for at least 6 months. So if he wasn't so bad until January then this condition may not have been met.

Good catch.
However, an advance application can be made - so it may be worth making an application a month or so early, in order to give them time to process it.

Dinah93

Ah, thank you for that. I'll let mum know it's a time thing. Is there anything else she might be able to apply for for him?

sleepless_saver

It may not just be a time thing. As other posters have said, none of the problems he has out and about are relevant for attendance allowance, and you need to focus on the details of his care needs. There is a knack to describing all this which is why it is a good idea to get help.

If his income is £800 a month he is unlikely to be entitled to other income related benefits. But you can check using turn2us benefit checker.

But if he has been getting the single person discount for council tax he needs to get that stopped (sorry!) as your parents are now living with him so he is no longer entitled.

Out of interest, what sort of housing is he planning to move to when his house is sold?

frosty

hi,when I applied for AA for my mother it was refused,we were advised to ask the DWP to send someone to fill the forms in for us,the woman turned up and said its all down to the way you word your answers.......we then got the AA.Its worth asking for help.

Old_Git

I know someone who received AA because there where incontinent by urine.They used incontinent pads .DWP wrote to the GP for confirmation but you need to have it 6 months to get AA

wiccanlou

Just read the OP and this actually started in summer last year and ended with a fall in the garden and has progressively gotten worse since then, surely that falls within the 6 months remit if it was before october?

sleepless_saver

bullbar wrote: »

Unfortunately Attendance Allowance is fast becoming as difficult to get as is DLA. There was a time when the DM's were lenient simply because they were aware that care needs arose at that age.

More and more claims are being turned down. The figures for Tribunal hearings were always low and had a very high success rate of the decision being overturned.

I have heard of 3 cases in the past month that clearly even last year would have been awarded without question, mainly from the claim form itself and no contact with the GP.

Now they are looking to the GP more and more on the DBD370's.
As we all know getting a half decent report on that form is nigh on impossible if you are completely 'with it'. Getting one for a 78 year old who probably distrusts GP's is like getting blood out of a stone.

I am aware of one particular case where they are just about to submit their 3rd Claim in 2 years. The previous 2 failed and they never appealed!

What I can say is be prepared for a long wait to get it to the Tribunal and make sure that you prepare your arguments thoroughly beforehand.

AGEUK - not a very good service anymore - the quality of staff had been dropping off in my area over the past year or so.
CAB - getting an appointment is hit and miss with a wait of up to 8 weeks.
DIAL - over stretched and refusing to accept any further new cases.

Amazing then that there are 1.6 million people getting attendance allowance, most of whom get it at the higher rate.

I see we have a new andy persona.