Disability Living Allowance Help Please

lindasheb

Hi

My mum has been awarded DLA lower care and lower rate mobility. She has had these benefits now for the past 7 years, however her condition has worsened and we were hoping she would be awarded the middle rate care as she does need help continually throughout the day. However we have just had the award notice renewed at lower care and lower mobility. The only difference is, it does not have a time specified on it. Up until now it has been granted for 2 years at a time. My question is do you think she should ask for a review. Her worry is they may only granted for 2 years again. What do you guys think.

Any info would be much appreciated.

Thanks

Mrs_B_12

She can ask for it to be looked at again and if the same decision is made but you really belive she should be getting middle rate care you can appeal.

Morglin

If it has no "time" stated on it, then it is an "indefinite award" (which replaced the old "life award").

This means they can review it, but are not too likely to do that, unless there is a reason, or you ask for it to be reviewed.

They stopped giving awards for "life" in writing, so that the option was there to change it/remove it, if necessary.

If your mum thinks she should get higher, then I would appeal - but I would get help from a welfare rights officer (via the CAB) first, who can give you face to face advice and help.


Lin

Chrysalis

Appeal rather then asking for a reconsideration, I am in the process of doing this myself currently and legal advice given to me states that (a) reconsiderations rarely get a different result and (b) if you appeal a reconsideration gets done anyway prior to the appeal been sent off.

As someone advised try and speak to a welfare rights advisor and also try cls direct hot line which gives free legal advice on benefits 08453454345

donnalove

Morglin wrote: »

If it has no "time" stated on it, then it is an "indefinite award" (which replaced the old "life award").

This means they can review it, but are not too likely to do that, unless there is a reason, or you ask for it to be reviewed.

They stopped giving awards for "life" in writing, so that the option was there to change it/remove it, if necessary.

If your mum thinks she should get higher, then I would appeal - but I would get help from a welfare rights officer (via the CAB) first, who can give you face to face advice and help.


Lin

sorry to jump in on this thread, my eldest daughter 14 was given an award with no date on , would these reasons be valid for her? our will her's be automatically looked at at 16?

again appologise for jumping in
donnalove
xx

Morglin

No, it won't necessarily stop when she's 16, although as I said, she can be reviewed at anytime.

Lin

lindasheb

Hi guys

Thanks for all the advice. Do you think if she asks for an appeal they are likely to take away the indefinate award and is there much chance of success.

Thanks again

fos

If the appeal goes to a tribunal they will warn you that they can raise an award or drop what you already have so it is a calculated risk. It depends on if you think you can risk what your mother already has . An indefinite is something to be prized, so look at your hard evidence and weigh up your chances with the help of the CAB is the best option. I recently had a tribunal and won but only with the help of CAB. I had applied originaly on my own and got low rate care but on appeal and with the help of CAB was awarded high rate mobility and middle rate care but for 3 years only. Best of luck .

nethy

be very careful with dla, my advice to you is to go and see the cab before you do anything

lindasheb

hi

have spoke with my mum about it and she is of the impression she wouldnt be able to handle the stress of an appeal hearing. as we dont have a lot of time to appeal, do you think i should go ahead with it and hope i can talk mum into it nearer the time. if i really couldnt get her to go, can you cancel the appeal at any time. i just hate to think she is not getting what she is entitled to.

thanks guys your advice is much appreciated.

diddlydum

The appeal hearing really isn't as scary as it's made out to be. It is a formal legal hearing, yes, but the tribunal people try to keep everything as informal as possible. You can also get good legal help on how to prepare for the tribunal.

Your best bet would be to give CLS Direct a call on 0845 345 4345, just to get some more advice on whether the appeal is worth it. They can't actually represent you at the tribunal, but they can prepare a written case for you, and handle all the preparation for you. The CAB can also do representation, but they do seem to be quite hard to get hold of at the moment, unfortunately.