DLA descriptors? - Appealing DLA decision

earthbound_misfit

Heya, I am posting on behalf of a friend who has made an unsuccessful claim to DLA - I am helping him appeal the decision. I'm pretty up to date with benefit changes/rules (hence wanting to get this sorted before PIP starts!) but am struggling to find DLA descriptors anywhere.
To outline his situation/health issues (I have permission to write this!):
He has been seeing his GP since August for mental health issues that have clearly been going on a long time but have really reached their peak over the last 18+ months (he managed to keep the extent of it hidden, we thought he just had depression). He has been assessed by two psychologists and a psychiatrist - I think he had this many assessments because he is a 'complex case'. His diagnosis is "depression with psychosis", caused by childhood trauma.
Although they are willing to put him on a psychotherapy waiting list (18 months!) he does not see any team regularly (we're working on that too!) because they all say he belongs with another team (usually it would be Community MH Team for depression and Early Intervention team for psychosis but they each claim he needs to see the other).

As well as usual depression symptoms which range from moderate to very severe depending on the day, the main issue is the psychotic episodes. During these he has no clue what he is doing, and sort of 'comes to' himself in odd situations, sometimes having been gone for days and usually miles from home. The latest of these involved him 'coming to' chest-deep in a river approximately 50 miles from home - as he was broke and had been gone about 12 hours we figured he must have walked it! He was brought to my house by police who had found him walking home along the motorway dripping wet with mild hypothermic symptoms.
He also has a tendency to bury large sums of money and other things precious to him (eg. photographs) - the psychs seem to think this is in keeping with his traumas/symptoms. Because of this he needs someone to keep hold of his money/cards for him otherwise he just withdraws it and buries it. He lives alone in a council flat (just acquired) so rent goes straight to landlord/HA, and his family are not to be trusted with this task. I cannot do it myself as I have MH problems too and find it hard enough looking after myself, although I would happily be his carer officially, I cannot do so whilst looking for work/working. Social services have refused to help as he should be under a mental health team, although we have been told the DWP do, in theory, provide "appointees" to oversee benefits being handed out bit by bit.

He gets ESA, without having had an assessment (letter from GP and ESA50 were enough for support group), but for some reason had an assessment for DLA, and failed it. He went alone to the assessment due to there being no-one to go with him (breaks my heart writing that). He was so frightened and confused he couldn't talk properly and they apparently shouted at him for "not co-operating"! I cannot understand how he failed when he clearly needs supervision AND care, as well as having mobility issues when he struggles to be around crowds of people on public transport.
Because he doesn't see anyone regularly (his GP keeps referring him but they send him back) we struggle to get evidence together. We can get evidence from the GP and copies of letters sent by the psychologists, if these are sufficient for a DLA appeal?
Also, is there a time limit for appeal, as the letter they sent was dated 12th December, but only arrived on the 24th!!

So... any advice on appeal welcome...
Any advice on dealing with the useless neglectful MH services also welcome!
Any advice of appointees/social services/legal stuff to do with someone else looking after his money also welcome!

Thanks in advance and apologies for the marathon post!

miduck

There are not descriptors as such for DLA, at least not in the same way as there are for ESA. The relevant section of the DMG is here, along with the Medical Conditions Guide here.

[Deleted User]

did his DLA application focus too much on his conditions rather than his care and/or mobility needs?you see DLA is paid for the latter not the former,i would suggest seeking expert help from welfare rights/cab if avaliable for the appeal,if the appeal fails then a new application based on what i have outlined may suceed

benefitbaby

Agree with the above posts and deadline for appeal is 12th January.
Good luck

cattie

Put in for the appeal then contact your nearest branch of MIND for help with it. They have advocacy workers who can often give support by appearing at appeals. To have to go alone would be a frightening situation I would think.

They should be able to advise you regarding the appointee and any other concerns you may have.

It's a great pity MIND wasn't your first port of call when applying for DLA for your friend. They are experienced at helping to fill out forms for people with mental health issues.

It's dreadful the way he doesn't appear to be able to qualify for a CPN or at least a keyworker of some kind. Some areas are very good in this respect and others are very, very bad. Sadly, with the cutbacks across the NHS, support for mental health problems gets pared back.

To be honest, I'd have thought the psychiatrist the one to be able to recommend your friend be allocated some kind of keyworker, but there seems to be some buck passing going on as far as your friends case is concerned.

I'm not sure if it would do any good, but you could try writing to your local MP and councillor about your concern regarding lack of CMHT support for your friend. It won't do any harm anyway to give it a go.

atrixblue.-MFR-.

DLA is not descriptor specific as it is based around care and mobility rather than work capability to wich ESA is designed around.

DLA has alot of case law, (mile stones in setting criterion to specific condition related care and mobility needs) wich needs to be considdered.

the care and mobility needs have to be consistant over a period of time also.

it is unlikely that if 2 days out of 30 days he only has a psycotic epidose he will be awarded, there must be a consistancy to the care and mobility needs wich needs to be expressed.

obviously evidence is key with DLA your evidence is his admission to hospital for hypothermia in relation to him going off on his own, the being brought in by police by way of walking on the motorway (was he given a fine for this? tresspass on motorway would be the offence) or official police caution.

earthbound_misfit

Well he basically has the same issues as anyone with severe depression and anxiety issues (I will list them in the appeal!) but not sure where the financial supervision fits in, or the needing someone 'on call' for support when he feels things are getting bad/might be leading up to a psychotic episode. (He can't tell when a psychotic episode is going to happen for definite). He needs at least verbal/phone reassurance daily, and support in person about half the days, as well as constant supervision of money/valuables in case he buries them.

As for MIND, the local branch closed and the next nearest you need to make an appointment about three months in advance... Might be worth it for support for the actual hearing but no good now! Any idea how long it'd be until the hearing?

The police didn't charge him with anything, just brought him to my house. They have filed several reports with social services though (over several incidents) so hopefully we can get a copy of one. Bit surprised you think they would have charged him?! He didn't go to hospital with hypothermia either, he was just suffering "mild hypothermic symptoms" as I stated, and being a formerly very outdoorsy/adventure type I just did what I'd usually do in this situation, especially as a trip to a&e would have been longer, colder, and more exhausting than anything else for both of us at that time! (I was pretty surprised that the police hadn't taken him to hospital, though they would have been reluctant to for the MH side of things as its a waste of time).

Will be contacting MP regarding mental health care too, it's appalling that he's been left like this.

Thanks for all the advice.

earthbound_misfit

sliverman wrote: »

If I was asked personally what I would do, I would tell them to get in touch with Social Services and ask for an immediate assessment.

Social services won't have anything to do with him because his needs are due to mental health problems so he should be under a mental health team. Think MP is the way forward...

ETA: I spoke to a senior social worker who confirmed this and was happy to give her name.

bloolagoon

I take it that it was summer when the "water episode" occured because anyone who went neck deep in water and walked home wet after 12 hours with no clothing, drying items would have been suffering far more.

I work in Mental Health so not being unkind but examples you give above are key to minor details like time of year.

The fact it was summer or warmer gives credence with a police report.

They should have a support worker if that bad and more regular contact than a quarterly psych review.

earthbound_misfit

It was last week it happened! I already explained, he 'came to' himself in the river and figured he'd better walk home*, the police stopped him cos he was dripping wet and walking along the motorway. So they stuck him in the van with heat up high and brought him to mine as the address he gave them. They know him from before too. As for the mental health team, the community team say he needs to be with the psychosis team, and the psychosis team say he needs to be with the community team. He's only sought help since August, before that he managed to keep a lot hidden, although his doctor has said it's clearly gone on for years.

*so he hadn't been wet for 12 hours, just ten mins or so

atrixblue.-MFR-.

clearly one service doesnt want the responsability and so doesnt the other, its time to start stamping feet and demanding one take him on on a perminant basis or he's going to harm himself or others in his psycotic episode.

ideally he needs to be seen in a psycotic episode wich requires someone monitoring him on a daily basis then calling police (to ensure no one gets hurt) and ambulance (to take him into the nearest MHT hospital ward) when the psycosis set in and he acts different, this will ensure he is assessed as accurately as possible and monitored by professionals on a secure ward untill he comes to.

the police should have taken him into hospital not to someone he knows to be checked over when he was on his last road trip of psycosis, this should have been the basic level of duty of care towards him, so the next time they pick him up refuse to take him in and instruct that they take him to hospital instead.

either that or call the doctor to come out (as a extreme case of psycosis) and see if he wil section under the MH act.

sounds cruel but its the only way forward to stop the toing and froing between departments.

capturing alot on a mobile phone can also be documentary evidence to show a tribunal panel and also other services, pictures can be interpreted but video cannot be disproven.

your way forward is a tribunal, but before this you need to compile evidence, and i wounder what his GP has said to the DWP when they made a report request so you should ask for the medical reports from the DWP as soon as possible.