DLA.. moving goalposts???

shykins

i have been on dla for a year now and was recieving higher rate mobility and middle care.. i had this years assessment in and it was for nothing....i asked for a re-assessment as my condftion is no different and it seemed a bit weird to go from high to nothing but this has come back again sayin i do not qualify for any DLA but i can appeal if i want, which no doubt will take weeks and as my present year runs out 1st november i assume i will get no money from then

so have they moved the goalposts?? has all the criteria changed and is there any use in me appealing??

i have 3 damaged discs in my spine and degenerative back disease which means i find stairs, walking, sitting etc difficult altho i do swim on the advice of my consultant as it keeps some mobility in my back.. he wanted to operate but i said while i can still keep relatively mobile i would rather avoid that and he agreed

any suggestions would be most appreciated .. thanks in advance

DenBo_4

Bad luck on your DLA claim, yes, I think they are moving the goalposts in the hope that people will get tired of claiming and so save them money. All I can suggest is you go to your local Welfare Rights place and ask them to help you go to appeal. I have been through all the same as you(in being refused), but I have just been to an appeal and been awared LRC and LRM, which is not what I wanted (or thought I was entitled to) but it's still better than nothing!

Don't give up, but you need to put in your appeal asap, I think there is only 28 days to do this. Good luck and don't give up!!

Numb_fingers

I did not know they assessed you each year, I've been on dla for nearly a year so will I be assessed soon and how can they tell if your condition has improved/worsened if you do not tell them?

TOBRUK

I'm not sure what shykins meant about having an assessment after a year - was it that you were given a year and then had to reapply? The first couple of times I claimed I was awarded 2 years before I was sent forms to re apply but the last time I was awarded for 3 years and my care rate went up. I think the change was very much to do with the report my GP sent them, well they informed me that they had requested the report from my GP.

I am not aware that they just go ahead and give an assessment inbetween applying as it states in the information given that if there is any change in your illness/condition during that time you are to inform them.

shykins

sorry if i confused anyone my initial award was only for a year and then they sent me a reclaim pack and then a letter to say i was no longer eligible hence me asking for a re-assessment

it did say after a report from my GP who i would of thought would be supportive as he has seen me still on meds and limping heavily etc.. oh well

i asked them for an appeal pack today so will fill that in when it arrives

off to medical assessment for incapacity benefit tomorrow.. seems no one wants to belive me at the moment!!

lil_me

Before appealing, while you are waiting for the forms, try sending a letter in saying you would like the decision to be looked at again with any supporting evidence you can get. You can also ask for a copy of any evidence they used, inc what the GP has sent in.

Chrysalis

I think certian things are in motion to reduce claimants and I suspect when possible claims will be turned down that are not a rock solid claim. I hear every day now about how hard it is to claim DLA with many people keep been turned down and I keep hearing and reading news reports about the government doing this and that to reduce the number of people claiming sickness and disability because they think they are fraudalent or dont know their own condition well enough. When there is a reconsideration which I believe is what you had done the original decision is extremely rarely overturned which is why claimants are always advised to go for an appeal immediatly rather then using time on a reconsideration.

~Chameleon~

Chrysalis wrote: »

When there is a reconsideration which I believe is what you had done the original decision is extremely rarely overturned which is why claimants are always advised to go for an appeal immediatly rather then using time on a reconsideration.

That's interesting as I recently had a successful reconsideration following a renewal which dropped me from HR to LR care, but they've now reinstated it to HR and paid back the money I should have received the last 3mths. I think I must have been incredibly lucky then

Chrysalis

I think you was lucky as I hear from all advice groups that the claimant is advised to go straight to appeal due to reconsiderations so rarely been positive also when appealing a reconsideration is automatically done prior to the papers been sent off. Of course this doesnt mean they never get overturned as in your case it did.

DenBo_4

When you ask for an appeal they automatically look at your claim again. I initially was awarded nothing, when I asked for an appeal they looked at my papers again, and awarded me LRC, but as I felt I was entitled to more I applied for an appeal again, where I was awarded LRM. This is backdated to January, but only goes on till July 2008, when I presume I will have to go through the whole thing again!:eek:

shykins

firsst time i applied they turned me down but i asked for a reconsideration and was awarded High mobility and middle care......when my year was up i reapplied and when i was awarded nothing the reconsideration didnt change anything so lets hope asking to appeal might

i find it hard to beleive they can award me from high mobility down to nothing when i have a degenerative back problem (ie gets worse not better)....oh well....i can understand they need to check if u are still ill but surely somethings are exempt from that as they will never get better

thanks for the comments i have asked for a copy of the drs report etc that they are basing their decision on so i can challenge that if needs be

watch this space as they say
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