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Apparently lost DLA appeal - help?
emma18x
Posts: 113 Forumite
Hi All
I have basically just been notified that we have lost the appeal for my mothers DLA and I'd like some help with a few things if possible. Please bare with me as I try to explain the situation (it may be pretty long).
For four years up until January this year, my mother had been claiming Income support and DLA, and I have been her full time carer (claiming CA). She was called to a medical assessment regarding her income support and was shockingly awarded 0 points for every part of the assessment. Of course her income support was then stopped and we were forced to appeal. Fortunately, that appeal was successful and she is now in receipt of ESA. However, soon after she received a letter regarding her DLA, telling her that based on the ESA assessment, they believed she was no longer entitled to DLA and that it would be stopped from that date. We have been appealing this decision ever since.
Before going into the appeal situation, I would first like to explain a little about my mothers illnesses and disabilities.
She is mentally unwell and suffers from deep depression and anxiety. She has learning disabilities and an undiagnosed mental illness which gives her child like behaviour and violent outbursts. She is epileptic and constantly suffers from dizzy spells and blackouts. She suffers from pain in her legs (particularly ankles), which greatly affects her walking ability (she is unable to walk more than a few steps without assistance). And lastly but probably worst of all, she is a long term alcoholic (please don't judge her on this). She turned to alcohol when her mother died and unfortunately it took a hold of her. The alcoholism is so bad that, she can have, and has had fits if she doesn't have a drink first thing in the morning.
Now back to the appeal. We sent the DWP various photographic and written evidence of her dissabilities and the aids she has to use and has fitted around the home (these include a fitted shower, bath seat and hand rail on her bed). I wrote in detail about how her disabilities affect her and how she requires care throughout the night as well as through the day. We didn't hear of anything for a good few months, up until around 3 weeks ago when we were informed a ATOS doctor would be visiting us in the home. We thought this was great as we could show the doctor just how she is affected by various illnesses and how much care she requires. However, this visit was cut short when he asked my mother to walk on the landing (he had to visit her in the bedroom as she spends the vast majority of her days in bed). I then took my mother by the arm and managed to make our way very slowly across the landing. To which he told us he would need to cut the assessment short as my mother had, had alcohol and he would need to assess her without. I explained to the doctor that my mother could not go a day without alcohol as this leads to fits, to which he said he understood and would get back to the head office to see what should be done next. I would like to stress at this point that my mothers is NOT unable to walk properly BECAUSE of alcohol. Anyway, we were told by the doctor that he would give me a phone call to let us know when he would be visiting next (if he needed to do so).
After a week of waiting with no contact, we contacted the DWP by phone who said that they'd already made a decision but could not tell us what this was as the computers were down and to wait for a letter monday morning (today). After waiting for this letter all day without it turning up, I decided to call the DWP back this evening and was told that yes a decision had been made and that the original decision had been kept (my mother was not entitled to DWA). She also said that we'd receive a letter explaining more which should be here tomorrow.
So my question is, what will happen now? can we take this any further or is that it?
I would also like to know if there is any support out there that I could receive for my mother in terms of help with care?
Although I feel guilty saying this, I am really struggling at the moment, not just physically, but also emotionally and I think it's safe to say, I'm mentally exhausted. I'm only 22 and have been caring for her full time since the age of 18. And although my sister helps where she can, we have no other family who can offer there support.
We are also struggling financially. My mother is currently receiving ESA which is just over £90 a fortnight, whilst I'm working the few hours (no more than 8-10 a week) that I can, in order to get by. I can not work more hours as if I do, there will be no-one here to care for my mother and I could not leave her alone. I'm really worrying about the future at the moment and I feel I have no-one to turn to and don't know where to go for help (hence posting here).
Thanks for any help and advice any of you can offer and I'm really sorry for the essay, I felt I had to explain best I could.
I have basically just been notified that we have lost the appeal for my mothers DLA and I'd like some help with a few things if possible. Please bare with me as I try to explain the situation (it may be pretty long).
For four years up until January this year, my mother had been claiming Income support and DLA, and I have been her full time carer (claiming CA). She was called to a medical assessment regarding her income support and was shockingly awarded 0 points for every part of the assessment. Of course her income support was then stopped and we were forced to appeal. Fortunately, that appeal was successful and she is now in receipt of ESA. However, soon after she received a letter regarding her DLA, telling her that based on the ESA assessment, they believed she was no longer entitled to DLA and that it would be stopped from that date. We have been appealing this decision ever since.
Before going into the appeal situation, I would first like to explain a little about my mothers illnesses and disabilities.
She is mentally unwell and suffers from deep depression and anxiety. She has learning disabilities and an undiagnosed mental illness which gives her child like behaviour and violent outbursts. She is epileptic and constantly suffers from dizzy spells and blackouts. She suffers from pain in her legs (particularly ankles), which greatly affects her walking ability (she is unable to walk more than a few steps without assistance). And lastly but probably worst of all, she is a long term alcoholic (please don't judge her on this). She turned to alcohol when her mother died and unfortunately it took a hold of her. The alcoholism is so bad that, she can have, and has had fits if she doesn't have a drink first thing in the morning.
Now back to the appeal. We sent the DWP various photographic and written evidence of her dissabilities and the aids she has to use and has fitted around the home (these include a fitted shower, bath seat and hand rail on her bed). I wrote in detail about how her disabilities affect her and how she requires care throughout the night as well as through the day. We didn't hear of anything for a good few months, up until around 3 weeks ago when we were informed a ATOS doctor would be visiting us in the home. We thought this was great as we could show the doctor just how she is affected by various illnesses and how much care she requires. However, this visit was cut short when he asked my mother to walk on the landing (he had to visit her in the bedroom as she spends the vast majority of her days in bed). I then took my mother by the arm and managed to make our way very slowly across the landing. To which he told us he would need to cut the assessment short as my mother had, had alcohol and he would need to assess her without. I explained to the doctor that my mother could not go a day without alcohol as this leads to fits, to which he said he understood and would get back to the head office to see what should be done next. I would like to stress at this point that my mothers is NOT unable to walk properly BECAUSE of alcohol. Anyway, we were told by the doctor that he would give me a phone call to let us know when he would be visiting next (if he needed to do so).
After a week of waiting with no contact, we contacted the DWP by phone who said that they'd already made a decision but could not tell us what this was as the computers were down and to wait for a letter monday morning (today). After waiting for this letter all day without it turning up, I decided to call the DWP back this evening and was told that yes a decision had been made and that the original decision had been kept (my mother was not entitled to DWA). She also said that we'd receive a letter explaining more which should be here tomorrow.
So my question is, what will happen now? can we take this any further or is that it?
I would also like to know if there is any support out there that I could receive for my mother in terms of help with care?
Although I feel guilty saying this, I am really struggling at the moment, not just physically, but also emotionally and I think it's safe to say, I'm mentally exhausted. I'm only 22 and have been caring for her full time since the age of 18. And although my sister helps where she can, we have no other family who can offer there support.
We are also struggling financially. My mother is currently receiving ESA which is just over £90 a fortnight, whilst I'm working the few hours (no more than 8-10 a week) that I can, in order to get by. I can not work more hours as if I do, there will be no-one here to care for my mother and I could not leave her alone. I'm really worrying about the future at the moment and I feel I have no-one to turn to and don't know where to go for help (hence posting here).
Thanks for any help and advice any of you can offer and I'm really sorry for the essay, I felt I had to explain best I could.
Huge thank you to all posters on the comps board! 
0
Comments
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Hi All
I have basically just been notified that we have lost the appeal for my mothers DLA and I'd like some help with a few things if possible. Please bare with me as I try to explain the situation (it may be pretty long).
For four years up until January this year, my mother had been claiming Income support and DLA, and I have been her full time carer (claiming CA). She was called to a medical assessment regarding her income support and was shockingly awarded 0 points for every part of the assessment. Of course her income support was then stopped and we were forced to appeal. Fortunately, that appeal was successful and she is now in receipt of ESA. However, soon after she received a letter regarding her DLA, telling her that based on the ESA assessment, they believed she was no longer entitled to DLA and that it would be stopped from that date. We have been appealing this decision ever since.
Before going into the appeal situation, I would first like to explain a little about my mothers illnesses and disabilities.
She is mentally unwell and suffers from deep depression and anxiety. She has learning disabilities and an undiagnosed mental illness which gives her child like behaviour and violent outbursts. She is epileptic and constantly suffers from dizzy spells and blackouts. She suffers from pain in her legs (particularly ankles), which greatly affects her walking ability (she is unable to walk more than a few steps without assistance). And lastly but probably worst of all, she is a long term alcoholic (please don't judge her on this). She turned to alcohol when her mother died and unfortunately it took a hold of her. The alcoholism is so bad that, she can have, and has had fits if she doesn't have a drink first thing in the morning.
Now back to the appeal. We sent the DWP various photographic and written evidence of her dissabilities and the aids she has to use and has fitted around the home (these include a fitted shower, bath seat and hand rail on her bed). I wrote in detail about how her disabilities affect her and how she requires care throughout the night as well as through the day. We didn't hear of anything for a good few months, up until around 3 weeks ago when we were informed a ATOS doctor would be visiting us in the home. We thought this was great as we could show the doctor just how she is affected by various illnesses and how much care she requires. However, this visit was cut short when he asked my mother to walk on the landing (he had to visit her in the bedroom as she spends the vast majority of her days in bed). I then took my mother by the arm and managed to make our way very slowly across the landing. To which he told us he would need to cut the assessment short as my mother had, had alcohol and he would need to assess her without. I explained to the doctor that my mother could not go a day without alcohol as this leads to fits, to which he said he understood and would get back to the head office to see what should be done next. I would like to stress at this point that my mothers is NOT unable to walk properly BECAUSE of alcohol. Anyway, we were told by the doctor that he would give me a phone call to let us know when he would be visiting next (if he needed to do so).
After a week of waiting with no contact, we contacted the DWP by phone who said that they'd already made a decision but could not tell us what this was as the computers were down and to wait for a letter monday morning (today). After waiting for this letter all day without it turning up, I decided to call the DWP back this evening and was told that yes a decision had been made and that the original decision had been kept (my mother was not entitled to DWA). She also said that we'd receive a letter explaining more which should be here tomorrow.
So my question is, what will happen now? can we take this any further or is that it?
I would also like to know if there is any support out there that I could receive for my mother in terms of help with care?
Although I feel guilty saying this, I am really struggling at the moment, not just physically, but also emotionally and I think it's safe to say, I'm mentally exhausted. I'm only 22 and have been caring for her full time since the age of 18. And although my sister helps where she can, we have no other family who can offer there support.
We are also struggling financially. My mother is currently receiving ESA which is just over £90 a fortnight, whilst I'm working the few hours (no more than 8-10 a week) that I can, in order to get by. I can not work more hours as if I do, there will be no-one here to care for my mother and I could not leave her alone. I'm really worrying about the future at the moment and I feel I have no-one to turn to and don't know where to go for help (hence posting here).
Thanks for any help and advice any of you can offer and I'm really sorry for the essay, I felt I had to explain best I could.
Is your mother receiving treatment for her alcoholism?Be happy, it's the greatest wealth
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No she's not currently receiving treatment for alcoholism. She has received some counselling in the past, but that had little affect.Huge thank you to all posters on the comps board!0
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I don't know the best thing for you to do about DLA -- sorry -- but it occurred to me a carer support group might be able to advise you
Carers Directhas information, advice and support for carers on all aspects of caring, from financial and legal issues to respite care and access to local services. Call the free helpline on 0808 802 0202 or ask a question by email.
http://www.nhs.uk/carersdirect/Pages/CarersDirectHome.aspx
Also Carers UK
http://www.carers.org/
http://www.carers.org/contact-us0 -
Sending you hugs, i would speak to her gp, though im sure you may have done this, and see if together you can work out a suitable treatment plan for your mothers alcoholism. I know its not a magic wand but hopefully a start to improving quality of life for the both of you.
Im afraid i dont know what else you can do about the DLA but hopefully someone on here will be able to advise you0 -
You can only appeal a DLA tribunal award on a point of law, as face to face medicals are not compulsory (or even common place) in making DLA awards I don't think it would be enough to appeal to the upper tribunal.
If you do appeal to an upper tribunal they can only throw out the original tribunal so you will need to go to tribunal again.
Alternately you can reapply for the DLA from the start, there's a 6 month waiting time for this but I can't remember if it's 6 months from the original decision or 6 months from the tribunal decision.
The DLA doctor was right to refuse to assess your mum under the influence.
Your mum should seek help through her GP for her alcoholism and the rest of her problems, the GP will not know the extent of the situation if all she's ever had for treatment is a few hours of counselling years ago.
As for you, I know this isn't what you want to hear but you're enabling your mum. Get yourself a job, maybe enrol in college and make her stand on her own 2 feet for a few hours a day. You're entitled to a life too, I know she's your mum but you're a person in your own right and you deserve some time to be a normal 22 year old.0 -
You can only appeal a DLA tribunal award on a point of law, as face to face medicals are not compulsory (or even common place) in making DLA awards I don't think it would be enough to appeal to the upper tribunal.
If you do appeal to an upper tribunal they can only throw out the original tribunal so you will need to go to tribunal again.
As far as I can make out though, the case has not yet gone to tribunal??
It doesn't mention that a tribunal decision has been reached, therefore there is still a course of appeal that can be gone through.Dear Lord, I am calling upon you today for your divine guidance and help. I am in crisis and need a supporting hand to keep me on the right and just path. My mind is troubled but I will strive to keep it set on you, as your infinite wisdom will show me the way to a just and right resolution. Amen.0 -
There is very good medication to help with withdrawal from alcohol. Have you considered a detox unit?
Given your mother's mobility problems how is she getting the alcohol?0 -
Why ask this? How will an answer to this help to inform your advice? It certainly has the potential to be hurtful to the OP which is why I ask.
OP- your mum can ask them to reconsider their decision or can appeal- you or your mum could call this number for help to find an adviser to help your mum near you:
0845 345 4 345
http://legaladviserfinder.justice.gov.uk/AdviserSearch.do0 -
Although I feel guilty saying this, I am really struggling at the moment, not just physically, but also emotionally and I think it's safe to say, I'm mentally exhausted. I'm only 22 and have been caring for her full time since the age of 18. And although my sister helps where she can, we have no other family who can offer there support.
Can't help on the DLA other than suggesting you appeal and get help from CAB with the process, but I just wanted to say that you shouldn't feel at all guilty. Your mother is lucky to have someone who cares about her and for her. It's not fair on you though, and it can't continue indefinitely or you will have no life of your own.
Might be worth contacting Al Anon and Carers Trust for support and advice more generally.0 -
So my question is, what will happen now? can we take this any further or is that it?
In short.
Yes, you can.
DLA can in some cases be gotten for alcoholism, so simply rejecting on the grounds of that are questionable.
The first thing you need is a 'written statement of reasons' on the decision.
This is more than the simple decision, it is a personalised document explaining how the decision was taken, what evidence was used, and the relevant law that applies.
You can (and should) request this by phone, in the first place, along with a request for copies of all documents used to make the decision.
You then have at least 6 weeks after the decision (assuming you have made the above request) to appeal it.
The statement of reasons will tell you the reasons that you need to concentrate on.0
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