Apparently lost DLA appeal - help?

GlasweJen

I think you have to be careful with this one, are these epileptic episodes or are they withdrawal episodes or a mixture of both?

For DLA and seizures you have to have a seizure without warning at least twice a week. If there is a predictable cause of seizure then you're expected to be able to manage them unless another condition stops you from doing that. If your mums seizures are caused by alcohol withdrawal then that is a predictable cause and may not be counted for DLA.

With regards to the epilepsy, does she still see a specialist at the hospital or a nurse with a special interest? Epilepsy is complex and usually very manageable, there are lots of different drug combinations that can be tried to reduce seizures (though I'm not sure what your mum would be able to take with alcohol). I would certainly be seeing the doctor about the number of seizures your mum is having.

For walking, it would be unreasonable to assess this drunk. When I could walk I was a "legless" drunk, it was like someone flipped a switch after x vodkas and that was it! If the walking is down to an underlying medical condition then state what the condition is and why this affects walking. Does your mum use any walking aids?

If you want to move in with your boyfriend in a few months, plan it and do it. Give social services a call, tell them that your leaving home and your mum needs an assessment for disability aids then go from there. Off hand she could do with a seizure alarm to alert people when she is seizing, a walker to support her when she's mobile, perching stool to keep her upright when cooking/prepping food - there's loads of stuff they can provide.

emma18x

Hi guys, thanks for posting.

Muttleythefrog - Yes we sent a letter as advised on here and by the dwp, to let them know we wanted to appeal, as we were close to the deadline which was the 04/10. The reason we waited so long was because we requested medical reports which were not sent until now.

GlasweJen - It is a mixture of both when it comes to seizures. She was diagnosed with epilepsy and put on medication for this long before she became an alcoholic. However it is clear that seizures are also caused by alcohol withdrawal. She does not see any sort of specialist regarding her epilepsy.

I do understand that the doctor could not assess her walking ability drunk (Using the word drunk is debatable though, as at the time she really wasn't in a 'drunken' state) but I just think fobbing it off all together isn't fair. She can't go without a drink in a morning, but was there no way the doctor could come first thing when she was just on her very first drink or something?

Also thank you for your advice on social services, this is something I'll probably be doing in the next couple of months.

ETA: I also forgot to ask, Is the Tribunal the very next step now or can the DWP reconsider their decision again first?

Muttleythefrog

emma18x wrote: »

ETA: I also forgot to ask, Is the Tribunal the very next step now or can the DWP reconsider their decision again first?

Tribunal will be next step as standard. I don't think there is anything to prevent them reconsidering again... but standard procedure is to do it once... either when requested or automatically if they receive an appeal request... but not twice (hence the advice is generally not to bother asking for reconsideration as it simply adds in potential delay and complexity). I would expect the next things to happen to be acknowledgement of your appeal request from DWP and contact from the tribunals service who will need some details to help them arrange the tribunal which could be many months down the line. Statistically speaking there are much greater chances of success if claimant attends to present first hand evidence or if they are represented there.

emma18x

Thanks for that Muttley.

And just when I thought things couldn't possibly get any worse, they do..

She's received a letter this morning from the DWP saying they've over paid her by £275 from the 14/03 to 10/04 and that it must be paid back.

We are both already struggling financially and this is just another boulder on my shoulders now :mad:

GlasweJen

Hi OP, just wanted to post this link for you
http://www.al-anonuk.org.uk/

You deserve support too, Al-anon don't provide counselling but they will put you in touch with people in your area who are going through similar things to what you're going through.

emma18x

Hi Guys

Just thought I'd update the thread with some good news.

My mother received a letter just before new year to say the decision had been turned around and they have decided she is now entitled to DLA :j:D

I must admit, this came as a bit of a shock to me as I thought we were waiting to hear about a date for tribunal.

The funny thing is, they have used all of the same 'evidence' to make their decision as they had before to refuse her. The only difference I think there was, was the last statement I sent in regard to the Doctors notes and the visit. I made sure I pointed out every flaw there was in the notes. We were also asked if we wanted to make a complaint against him, to which I responded no as I didn't feel it was entirely his fault for cutting the assessment short and not re-visiting (I believe more fault lies with those who advised him).

Anyway, we're certainly not complaining, I'm just so happy that it's finally over

Happy new year to you all! and thank you so much for the advice you guys gave, it really did help tremendously! x

zoominatorone

I wouldn't take it as good news, it's going to be more money for spending on the drink.:(

welshmoneylover

I expect the champers is being drunk following the wonderful news.

miduck

Great news - and she must be a long way into tackling the alcoholism by now too?

davsidipp

i think people fail to realise,alcoholism is an illness.!