DLA withdrawn - Advice please

maturelearner

My partner's DLA has been withdrawn. He receives ESA Support group - Contributions based. I currently just have a 0 hours contract with no regular work at present. I am in the process of securing another 0 hours contract and looking for regular employment, though part-time if possible as I have a health condition which is affected if I work for too long hours. I did work around 32 hours a week for 10 months until July 2013. We also have a primary aged child and we receive CTC and Child benefit. I have around 16k in savings.


My partner feels he should go to a solicitor to appeal his DLA decision. His DLA was due for renewal and his condition had very recently improved so we sought assistance and completed his form. He was still awarded higher rate care but stated incorrect information so we informed them. Their mandatory review decided he was no longer entitled to any monies as he does not require supervision to stay safe. He still cannot attend unfamiliar appointments including surgery which he is due alone and has chronic phobias and anxieties. The doctor's report according to them stated his condition fluctuates which is very true but the doctors report apparently said he can go to unfamiliar places alone (He just wouldn't go if I wasn't there). Yes, he can go to familiar places and be left alone but unfamiliar is out of the question. Is DLA only awarded for supervision requirements? Is it worth going to a solicitor and what sort of cost would we be looking at?


Many Thanks in advance

Indie_Kid

DLA isn't just awarded on the basis of supervision, although low rate mobility generally is.

Did he send in any evidence stating why he needs supervision?

tomtontom

If his only problem is going to unfamiliar places he will be lucky to get LRM at best. Does he have any other care needs?

Few solicitors would be able to help with a DLA appeal. You would be better to go to CAB or welfare rights.

maturelearner

He was awarded High Care and Low Mobility initially.


A (charity) support worker sent a supporting letter in initially but DWP then asked for a doctors report. It appears our GP decided he could go to unfamiliar places alone. He never has.


He does not have a Consultant or NHS support basically as his condition long-term and they withdrew support due to funding cuts.


He is unable to go to upstairs bed without me checking doors, windows, taps, the fridge, the car at unearthly hours of the morning as he suffers with insomnia. His phobias prevent him using certain shops or going to certain places. He suffers with severe lack of trust to anyone other immediate family when stressed, i.e. he is due an operation but does not trust the healthcare professionals at the moment. he needs me to be there. The GP should be aware of this as he told him this when having a bad day and he prescribed diazepam for chronic anxiety.

Are we entitled to CAB / Welfare rights assistance when I have around 16k savings?


Thanks.

tomtontom

I can't see why he qualified for HRC, there must have been far more on his application then you've said here.

CAB etc is not means tested, but please think about what care he really needs before using what is a very limited resource.

HB58

Be very careful before spending out money on a solicitor. Many of them have little/no knowledge of welfare benefits and it can be money down the drain. A welfare rights worker is often a better option.

nannytone_2

can he cook a meal for himself?
can he wash and dress himself?
will he get dressed without being prompted?

pauletruth

i need help with toileting, washing, getting socks and shoes on, in fact can't do most things and i get lower care. how did you husband get higher. even in there generous days they would have been very unlikely to have passed him. with this new benefit he really has very little chance.

maturelearner

Thanks. Until recently if he was left alone I was worried as he was suicidal, which is probably the reason he did get higher care. He also found it difficult to bathe due to phobias. He generally isn't now just has the occasional lapses where he struggles with life. I've almost accepted it now.

HB58

maturelearner wrote: »

Thanks. Until recently if he was left alone I was worried as he was suicidal, which is probably the reason he did get higher care. He also found it difficult to bathe due to phobias. He generally isn't now just has the occasional lapses where he struggles with life. I've almost accepted it now.

It does sound as if your partner does not have the care/mobility needs to qualify for DLA/PIP at the moment - which has to be a good thing as it means that he is no longer so badly disabled by his mental ill- health.