DLA Appeal and Neurologist Appointment

nemo183

BenefitMaster wrote:

First rule - tell them what they ask, and ONLY what they ask. If you give them more, then they have grounds to use it against you.

Second rule - fill in the form as if it is your WORST day for your condition, even if that only happens once a week/month/year/lifetime

Third rule - claim early, claim often, appeal loudly. I cannot emphasise the importance of making your appeal as heavyweight as possible, with doctors, Social Workers, Midwives, partner, MP, specialist etc supporting your claim. If you claim alone, you could be screwing the system - if you have the support of your local network, it's unlikely you are lying.

Great post - spot on - says it all.........

Fran

BenefitMaster wrote:

If you claim alone, you could be screwing the system - if you have the support of your local network, it's unlikely you are lying.

Well that's an insight into the workings of DWP! Unfortunately there are a lot of people who claim alone either because they want to show that they can do something for themselves or because they are not able to discuss the intimate questions that may need asking with anyone or just through ignorance because they don't know that they can get help with the forms initially or with an appeal. It doesn't mean they are any more likely to be lying.

billysnug

Hi! Benefitmaster, thanks for your info. Ive just had a thought and would like your opinion, as you have said its worth getting as many as possible to back me up, would it be worth going to the jobcentre and asking them to do a letter about what they witnessed when i had an appointment with them? We had an appoinment as they were stopping our money and we had to explain the situation so they could decide what we could claim etc. While there i went 'funny' and just lay slumped on the desk, head down not responding etc, all the normal stuff. If it would be worth getting a writtten statement of that would they be willing/allowed to do it?
If the appeal is not successful then how soon would i be able to make a fresh claim?
Ive been warned they will ask how do you get your shopping and other sorts of questions which if i answer i walk around the supermarket and get it i will fail the criteria for getting dla and not be awarded it. What am i supposed to say to that particular question then? We do have shopping delivered now and again but not always. Im worried that i will lose the appeal due to being too honest and not liking to admit im not able to do things. Like when in the bath ive gone funny and started slipping down into the water but bf came in and held me until i was ok. Now even though this happened and im writing it, its not something i like to admit and it seems like it couldnt have really happened although it did (i know that probably doesnt make a lot of sense). The time i fell onto the cooker top when waiting for something to boil but that was on the back ring so i didnt get burnt. Standing ironing and then falling to the floor, luckily iron didnt fall on me etc etc. Its not until you have close calls you realise what you should and shouldnt be doing. I was wallpapering and fell off the ladders (although this was some time ago). I know now most of what i should and shouldnt do but other than sitting me in a chair in the corner, whatever i do is risky as at any time i could just collapse to the ground hitting myself on the way (i was hoovering in the kitchen and fell down, hitting my head on the stool). SO how do i put this to them? What about going up and down stairs to the toilet and so on. Do i tell them my bf comes with me everytime? I just dont know.

Fran

You just need to answer honestly in the way you have described above. If you walk round a supermarket shopping, that is fine, what you're saying to them in addition to that is that at any time you could have an episode which means you need someone with you to care for you if you collapse. There is the safety aspect in all the things you describe and the fact that you need someone there.

billysnug

Thanks Fran i agree with what you are saying but the DLA people dont. They say they i am able to call out for help if needed (which is not true as i cant speak) and therefore do not need someone with me constantly and so do not qualify. They are not the exact words which they have used in my forms but very similar meaning the same thing. I will have to get them out and type them on here.

Ted_Hutchinson

It may be helpful to keep a log/diary/record of the support/care you need through the day. An example is here Edit Improved Link go to Neil Bateman Homepage then select Standard letters for welfare rights work
and from that selection choose DLA/AA evidence diary not sure why it didn't work for you. It is a pdf file so will need Adobe. But unfortunately the link won't work directly from here, you will need to get it from Standard letters for welfare rights work

If this kind of record is supplemented with reports from your health professionals confirming the same needs (see the checklist at the back of the BHAS Free guides or those available to members of [font=Geneva, Arial, Helvetica, san-serif]Benefits and Work guides ) [/font]your claims will have evidence to support them.

billysnug

Thanks for the links Ted_Hutchinson but the first link for the diary is not working for me. THe others are but not that one.

BenefitMaster

billysnug wrote:

Hi! Benefitmaster, thanks for your info. Ive just had a thought and would like your opinion, as you have said its worth getting as many as possible to back me up, would it be worth going to the jobcentre and asking them to do a letter about what they witnessed when i had an appointment with them? We had an appoinment as they were stopping our money and we had to explain the situation so they could decide what we could claim etc. While there i went 'funny' and just lay slumped on the desk, head down not responding etc, all the normal stuff.

Did they take a record of this in the accident book? If so, ask for a copy of it under the Data Protection Act, ask for them to certify it as an entry in their accident book at the DWP office, and use it as evidence by all means.

If they DIDN'T record it, then you need to find a good solicitor, now, since that would be an offence under Health and Safety legislation for which you could probably sue and get compensation. Then use thet as evidence of how your local staff are unreasonably disregarding your condition.

Nil carborundum illigitmae!

billysnug

Hi! No they didnt record it in their accident book, but the same thing has happened in our local Littlewoods store but it was worse in there as i was walking along and then just fell flat to the floor. They sent a first aid lady over to make sure i was ok and my bf explained that i would be ok but it just took time. They got me some water and a chair etc but they didnt record anything in a book either.

billysnug

The Big Day tomorrow and im dreading it. Should be getting to bed now to get some sleep but mind is all over the place. I hate talking to my family about what i can and cant do because admitting there are things you cant do because its not safe is not easy. Ive always before chosen to do things myself even if someone else has offered to help. But now the thought of having to sit and talk about everything with strangers is making me feel sick. My biggest worry is if i go 'funny' in front of them all, then i would feel really stuped. I feel like running away because i dont want to go but know i need to. Well im going to go to bed and try to get some sleep. Will let you know what happens tomorrow.