DLA question

Doranora

Hi, I've applied and been turned down for DLA, which I think is normal anyway! I'm considering taking it to appeal (although am running out of time as it seems the letter and two different people who told me I'd have an extra two weeks to do this were all wrong so it's a mad rush that might not be possible to do) but I could do with some help in clarifying one area of it, regarding the cooking component.

I'm unsure if you have to be able to cook a meal once a week to mean you do not qualify for it, or whether you have to be able to cook a meal seven days a week to be able to gain the lower care component. I've hunted around and can find no clear information of this so would really appreciate it if someone could let me know so I know whether the appeal is pointless or not.

Many thanks for reading.

(Oh, and a PS if anyone has time. . . I was seen by a doctor in my home but on the letter saying I'd been refused DLA this person was referred to as a 'Social Security officer'. Is this right? So who did I see, as I thought it was a doctor who worked for one of these companies that provide doctors for medicals?)

emmie1234

The best thing you can do when filling the forms is, is to provide information how things are on worse days rather than better days.

e.g. Our daughter vomits a lot at night time and we are then up with her 3/4 times a night cleaning her up etc. Sometimes there will be a week or so where she doesn't vomit at all, but you need to put in how it is on a bad day - I was told this by a community nurse who helps people fill there forms in.

Also, could you get your own GP to put something in writing for you, not sure whether you would need to pay or not.

When you fill the forms in, make sure you put down details of all the different doctors, consultants, specialists etc that you see so that DWP can contact them.

I would advise going to see your local welfare rights officer, they will be able to help you fill the forms in again and advise what you need to do when making an appeal. I'm not sure but I think you have a month to put in an appeal after the inital refusal, someone will prob come along in a bit and let you know if this is right or not.

Hope you get this sorted out!

Em

coffeeandfags

Ok, first off i would say, be truthful! Tell a lie, and they will see right through it!!

Right, regarding the meal, i get low rate care because 1) I cant peel and chop veg and 2) I dont have enough manual dextreity to take, for example, a casserole dish outta the oven or to pour potatoes......i persistently burn myself, cut myself and drop our tea on the kitchen floor :eek: . Now, that aint to say i cant make tea......we dont have veg or casseroles every night!!....and if i didnt make it, the kids would starve :rotfl:

So, take outta that what you will!!

Doranora

Yeah, I filled in the form carefully, like you said, Em, saying what it was like on a bad day, what it was like on a good day and despite my being honest it seems they've taken it for granted that I did lie if their reasons for refusal are anything to go by. Either that or they just didn't read the form!

I can't make a 'proper' meal every day of the week but can on a couple, and this is why I'm not sure if it's worth my while taking it to appeal or not? Just can't seem to find anything saying either way if it has to be a problem every day of the week or just most days.

Ta for the replies.

bdmum1

Hi Doranora
There

bdmum1

Hi Doranora
There are 3 rates of DLA Care; the lowest is based on you needing help with "personal

bdmum1

Hi Doranora
There are 3 rates of DLA Care; the lowest is based on you needing help with "personal care" (ie washing, dressing, feeding yourself, taking medication

diddlydum

It's always worth appealing the decision if you think it was wrong, but the time limit is quite short. You have one calendar month from the date of the decision to get the appeal to the DWP, and you need to fill in form GL24 to do it. A letter won't really count, unless the DWP decide that it does.

Regarding the cooking, you have to be able to prepare a cooked main meal, if you have all the ingredients, and the test is on any given day. Your eligibility is based on a normal day, not on any particular day, and the fact they assessed you on a good day is grounds for appeal.

Once you've got the appeal sent in the decision will be looked at by another Decision Maker, who will always come to the same conclusion as the first, and then it will be passed to tribunal. You'll receive the Secretary of State's submission (don't worry about the title, it's just the DWP's case), and a questionnaire, which you MUST get back to the appeals service within 14 days.

Most welfare benefits advisors will be able to assist you with preparing a case for the tribunal. Give CLS Direct a call on 0845 345 4345, and an adviser there will be happy to explain the process more to you.

bdmum1

OK, really really sorry about the numerous posts: PC playing up!!

What I was trying to say was that there are 3 different rates of DLA care, all determined by the level of help you need with "personal care" such as washing, dressing, preparing / eating meals, taking medication etc.

Just as a very rough guide, the lowest rate is if you're assessed as needing help for at least an hour a day OR you're unable to prepare yourself a hot meal each day.

The middle rate is if you need personal care help for a significant part of the day OR night, the highest is if you need help day AND night.

Remember this is only a very rough guide. As others have said, be honest, but do focus on how bad things get on a bad day, and do conentrate on personal care stuff rather than mentioning things like being unable to do gardening / laundry / shopping etc as unfortunately these don't add any weight to a DLA claim.

If it helps, try to think of all the things that are (hopefully!) done for hospital patients: someone makes sure the get their medication, their food, helps them get washed, comb their hair, helps with personal hygeine etc and that might help give you an idea of what they're look for. And remember that things like safety come into it, so if for example someone has a memory problem but they're otherwise able to dress / wash themselves etc, they could still get DLA by virtue of the fact that they may forget to take their medication, or may leave the gas on or the bath running an so on.

And finally whilst a doctor actually comes out to see you and writes his report, the final decision is made by a Deciision Maker at the Social Security. You can request a copy of the doctor's report if you think this may help with your appeal.

OK, hope that was worth the wait and that it helps in some way!

Morglin

This site explains the criteria:

http://www.benefitsnow.co.uk/default.asp

If you want to appeal, then contact the CAB who will help you.

Lin

Doranora

Hi and thanks for the really helpful replies (sorry for the delay replying but I was having trouble logging in!).

Not sure I'm going to take the appeal on. I went into my local CAB yesterday who, rather ironically, told me they could offer me no advice on appeals. I think I am entitled to what I claimed for but I really don't think I'm going to win it on appeal and don't fancy putting myself through it all. But the advice left here was very helpful and I hope it helps someone else.
Thanks again.