DLA appeal - what does this mean?

jackieb

My 16yo daughter was awarded LRM in March. This is the first time we have applied for DLA. She was awarded LRM because she never goes out of the house unaccompanied and needs taken to school twice a day and picked up twice a day - which is fair enough. We asked for a reconsideration because she was awarded no rate of care. So we have appealed. She has various issues, including asperger's, selective mutism, encoprisis and hydrocephalus.

In the paperwork we have received today (I am acting on her behalf), it says that her conditions have impacted on her quality of life. It says that the letter of appeal was received on 06/07/2012. It says the decision was reconsidered but not revised on 14/08/2012. What does that mean, reconsidered but not revised? Just that they have looked at it again but their decision stays the same?

I appealed my son's DLA decision back in 2010 (similar situation, but not quite as bad as my daughter's conditions). We got an appeal date and a week before the actual appeal he got a letter saying that they'd looked at his claim again and he was being awarded MRC. I am wondering if this is likely to happen again?

jackieb

I also sent 4 colour photographs along with the appeal letter (which was about 3 A4 sheets of paper long). They show the extent of her soiling, which included her underwear, clothing and bedding. In the paperwork i've received today there are 4 black and white copies of the photographs which are really bad quality (you really can't see what they are supposed to be) and if we do have to go to appeal should I take my own colour copies along with us? It's not nice but there was no other way I could think of showing them the extent of the problem she has.

Muttleythefrog

Yeah.. sounds like they've reconsidered and the decision is unchanged. If you've appealed then they should now forward the paperwork to tribunals service who in due course will be in touch will you about appeal hearing.

Your son's case sounds quite unusual in that the DWP changed their decision in reconsideration at what appears to be a point when reconsiderations would normally have been done and dusted... I wonder if new evidence came to light to force them to look again at the claim. Whatever, I would say this is very unlikely to occur again in this claim... assume now you will be having an appeal tribunal in several months' time. Strongly advise appearing to give oral evidence directly to the panel.

Regarding the photos.. quite an unusual situation where photocopied evidence doesn't have the same value as colour original perhaps. Not sure of the best thing to do but perhaps either sending several (perhaps 3 to cover the tribunal panel members) colour copies to the tribunals service after they get in touch... stating it is evidence for the tribunal to consider whereby they already will have copies but B&W copies are not suitable.... or take same on the day of tribunal and hand to reception on arrival so that tribunal can get them to the panel in advance of opening the hearing. In the hearing you could also ask them to confirm they have got colour copies of the photos that you feel supercede the poor quality B&W copies (that they'll probably also have) in evidential value.

jackieb

Thank you. Yes, the photos I sent were good quality ones, and you wouldn't know what it's supposed to be, looking at the copies.

I'll just prepare myself for the actual tribunal then. Does anyone know what will happen if my daughter won't speak to them? More often than not, if anyone she doesn't know talks to her, she just puts down her head and ignores them. I posted on here about her a while back and someone said it would go against her if she didn't talk - but she's been diagnosed by a psychiatrist with selective mutism, so I don't know what to expect if she refuses to talk.

Muttleythefrog

I've no experience really regarding child DLA claims. But what I would say is regard the tribunal panel as ordinary members of the public.. albeit with particular backgrounds necessary for the proceedings... such as legal or medical expertise. I think any sensible person would realise that someone cannot suspend their medical conditions in order to be good witnesses and indeed that direct evidence of their medical conditions could be indicative of honest testimony and claim. I have in mind my own DLA tribunal a couple years ago which was a total disaster... no doubt in part because what it says on paper about me is very different than Joe Public will find me in person. So if she doesn't talk to them or finds it difficult I'd be tempted to remind them she has selective mutism diagnosed and do it an an apologetic tone if that won't negatively affect your daughter. If the panel find it hard to get information from her then they'll probably just default to yourself as necessary. If she is having real difficulty coping then you could ask the judge for a pause in proceedings if you feel that would help... a time-out if you like.

jackieb

Her claim is in as an adult, but with me acting on her behalf.

We were going to claim for her years ago but we always hoped she would improve. Then I thought that as she was almost 16 it wasn't worth claiming beforehand as she'd just need to put in another claim as an adult once she reached 16. Maybe they are wondering if she has all these problems why didn't I claim before now.

LadyMorticia

I don't have any advice for you but just wanted to wish you both the best of luck. x

LadyMorticia

gregbythesea wrote: »

Who knows. What I can say is that the chances of being granted any type of award beit DLA or Attendance Allowance, has diminished to almost 0% in the past 2 years!

What you would have been awarded in 2010 is unlikely to be awarded today.

At one time back in the mid 90's, DLA was awarded for ingrowing toenails and lacking the ability to get out of bed before 12 noon unless dragged out!
You only had to mention mental health and MRC was awarded as well as LRM.
And if you had a disabling condition that was progressive, then you would have had the award for life!!

I really don't think that's true and all you're going to achieve is scaremongering!

jackieb

gregbythesea wrote: »

Who knows. What I can say is that the chances of being granted any type of award beit DLA or Attendance Allowance, has diminished to almost 0% in the past 2 years!

What you would have been awarded in 2010 is unlikely to be awarded today.

At one time back in the mid 90's, DLA was awarded for ingrowing toenails and lacking the ability to get out of bed before 12 noon unless dragged out!
You only had to mention mental health and MRC was awarded as well as LRM.
And if you had a disabling condition that was progressive, then you would have had the award for life!!

She was awarded the rate of LRM in March, and my son's DLA was renewed within 3 weeks at MRC just last month. And i'm not talking about claiming for an ingrowing toenail.

Muttleythefrog

gregbythesea wrote: »

Who knows. What I can say is that the chances of being granted any type of award beit DLA or Attendance Allowance, has diminished to almost 0% in the past 2 years!

What you would have been awarded in 2010 is unlikely to be awarded today.

At one time back in the mid 90's, DLA was awarded for ingrowing toenails and lacking the ability to get out of bed before 12 noon unless dragged out!
You only had to mention mental health and MRC was awarded as well as LRM.
And if you had a disabling condition that was progressive, then you would have had the award for life!!

It's high time MSE contacted your ISP Andy.

Cpt.Scarlet

gregbythesea wrote: »

Who knows. What I can say is that the chances of being granted any type of award beit DLA or Attendance Allowance, has diminished to almost 0% in the past 2 years!!

And yet the latest DWP figures for DLA show 51440 new claims in the year to Feb 2012 and 54360 for the preceding 12 months, hardly the the 0% increase you are suggesting

I'm going to give you an "F" for this Andy, you must research your subject better.