Attendance Allowance :APPEAL Help Wanted!

Tongue

Hi there everyone

I am looking for some sound advice on what to write in an appeal for the above allowance which has been refused for some strange reason.
I meet all the necessary criteria but have not been allowed even the lower rate allowance and find this most distressing.

Has anyone else here appealed against a similar decision and won? and if so how?

Would I need legal representation in an appeal or are they not held in a face to face debate?

Any help would be much appreciated.

Ted_Hutchinson

Benefits and Work Appeal Guide
Attendance allowance information BenefitsandWork
Benefitsnow AA info

If you have checked the information at the above links and remain convinced that you meet the criteria for Attendance Allowance then you must appeal. The appeal guide above will help you understand the process. I don't think it is necessary for anyone to be represented at appeal but it is beneficial so if you can find support from your local Welfare Rights Provider see Benefitsand work Getting Help with your Benefits guide if you don't know where to find help.
Age Concern England Homepage
Help the Aged - Working to defeat ageism - Help the Aged
both offer very good advice factsheets and Help the Aged has a Seniorline so you can check that you haven't misunderstood the criteria, they may both be able to put you in touch with someone to assist at appeal.
Approximately 60% of appeals support the claimant who attends alone while 70% of those attended by both claimant and representative are won so don't panic if you have to go without an experienced adviser but do try to find someone who can at least act as a witness.

Fran

I think AA is the same as other benefits - you have a month to appeal, so if you're getting help you should look into it straight away.

margaret_3

Tongue wrote:

Hi there everyone

I am looking for some sound advice on what to write in an appeal for the above allowance which has been refused for some strange reason.
I meet all the necessary criteria but have not been allowed even the lower rate allowance and find this most distressing.

Has anyone else here appealed against a similar decision and won? and if so how?

Would I need legal representation in an appeal or are they not held in a face to face debate?

Any help would be much appreciated.

You should get in touch with your local social services straight away! Tell them that you need help in filling in your appeal whether you do or not. They are the ones who know the criteria.
This was the advice that my husband got from our doctor and it worked. He had been turned down flat, but with the help of the fellow from social services, he was awarded the highest amount for life.

Ted_Hutchinson

There is more detail about appealing at the Appeals Service Website

It's impossible to tell you what to say in your appeal request letter as I cannot tell what the reasons were why the Decision Maker refused to award. I presume you have asked the Decision maker for a written statement of reasons why the claim was refused?

It may be you had a medical assessment, or your health professional was asked for a report and this didn't support your care needs claims. In this case you need to ask for a copy of the medical evidence on which the decision was based.

It may of course be that you simply disagree with the logic the Decision Maker has used (they are sometimes more than a little perverse) in which case you may need to read through the legal precedents relating to your condition or care need, see the list At Disability Alliance and then use these examples to support your reasoning. However these technical arguements are best put by a Welfare rights professional and I have suggested that finding one to help might be beneficial.
If you are not represented the appeal itself is generally not confrontational. You will be led through your claims and questioned about your need for care. Providing you do not understate your case and have good reasons for telling it as it is, then you will generally be believed. Mostly people find appeals less stressful than they imagined.

Ted_Hutchinson

life award

margaret wrote:

......snip.....he was awarded the highest amount for life.

Since 1998 no one has been awarded AA or DLA "for life". The term used now is a "indefinite" award. This is to signify that should your condition change so that you no longer meet the criteria then the award can be changed.
It was previously the case that "Life Awards" meant for life "only if you continued to meet the criteria" but many people were misled into thinking they couldn't lose a "for life" award.
Except for those in exempt categories, all awards may be subject to "Periodic Review" from time to time though as those on the highest rates of care and mobility are generally the least likely to provide grounds for change they are not the highest priority for the Periodic Review Team. The last Periodic Review Team report I read showed 70% of awards considered remained the same 20% were improved to a higher level and 10% were lowered, only a very few of the lowered awards were actually stopped though.

margaret_3

Ted_Hutchinson wrote:

life awardSince 1998 no one has been awarded AA or DLA "for life". The term used now is a "indefinite" award. This is to signify that should your condition change so that you no longer meet the criteria then the award can be changed.



Oh dear! Picky! Picky!
I didn't realise that I had to quote verbatim! I was trying to help. I'll keep my mouth shut! :rolleyes:

Fran

margaret wrote:

Ted_Hutchinson wrote:

life awardSince 1998 no one has been awarded AA or DLA "for life". The term used now is a "indefinite" award. This is to signify that should your condition change so that you no longer meet the criteria then the award can be changed.



Oh dear! Picky! Picky!
I didn't realise that I had to quote verbatim! I was trying to help. I'll keep my mouth shut! :rolleyes:

I don't see it like that. Ted was pointing out an important difference.

margaret_3

Yet ANOTHER volunteer board guide having a go at me. How important you people are!
Please may I breathe or should I apologise for that also?

Poppy9

margaret wrote:

Yet ANOTHER volunteer board guide having a go at me. How important you people are!
Please may I breathe or should I apologise for that also?

Margaret

The way I read it Ted wasn't having a go at you at all. I think the difference in wording is important to claimants as it highlights that your award could be varied or stopped.

Sometimes when people type things they come across as harsher than they are meant. Its difficult sometimes to get your point or opinion across without sounding bloody minded but the majority of MSE members are just trying to help.

Edited to clarify I wasn't implying that any of the posters on this thread were bloodyminded. This was just a general comment about all of us posters at one time or another when we have a bee in our bonnet and nobody seems to understand

quoia

Poppy9 wrote:

Its difficult sometimes to get your point or opinion across without sounding bloody minded

Sorry but the only bloody minded posts in this thread are the last 2 by Margaret.