DLA renewal pack (long post)

Zziggi

OH got a DLA renewal pack through the post on Monday morning. His DLA runs out on 31/10/05. At the moment he gets HRC & HRM.
We had a hell of a job getting it in the first place, 2 years of fighting whilst been repeatedly told he wasn't eligible for any award at all. Then after 2 years of fighting we went to see our MP who wrote them a letter on our behalf and within 2 WEEKS(!!!) we got a letter back awarding him HRC & HRM. Anyway that's the background. We are really worried we are going to have to go through the same problems again. Neither of us can deal with the stress and trauma of it all again.

If anything his problems are worse now then when he was awarded it 2 years ago.

Question 1: The renewal pack asks us to send the completed form back asap. What happens if we send the form back this month and they decide to award him nothing and they make their decision before 31/10/05. Will he still get the benefit until 31/10/05 on the current award or will the money stop instantly? If the money stops instantly then surely we are better off only sending the form in around mid-October?

Question 2: OH problems are depression, 'social phobia' and M.E. The GP and all consultants are 100% supportive of his DLA claim (but we still got repeatedly turned down last time). I've wrote down all the advice & weblinks that has been given by Fran/Ted over the last couple of months. We will get help from a welfare rights organisation, we will inform the GP & consultants of the renewal claim and make them aware of how his problems affect him - although they all know. We will be getting a supporting letter from the social worker (hopefully). Is there anything more we can possibly do to increase our chances of being awarded DLA again?

Question 3: We get some help from social services because of OH's problems. Is it worth 'Dropping it in' that we get this help in on the DLA forms? Surely this is evidence of the severity of OH's problems?

Question 4:Once you have had a DLA award, are you more likely to get it awarded again as long as the situation has not changed? If you are turned down, can you use the fact that you had HRM & HRC previously as justification for asking for them to reconsider/appeal?

Question 5: OH couldn't walk 100m last time and now he still can't walk it well. However he now needs a stick to walk with and we are arranging to get a wheelchair for him. I have heard that if you use walking aids and/or a wheelchair then this can be viewed (ironically) as you being seen to be MORE mobile because of the walking aids. Is this true? If so, should we not mention a walking stick/wheelchair in the application form? I ask this because a friend of ours was on HRM and she got a wheelchair because her mobility got worse. She told the DLA people and they stopped her mobility component because they said she was now more mobile with a wheelchair!! It took her 18 months to get her DLA HRM reinstated. Because we know this happened to a good friend of ours, we are wondering about how OH getting a wheelchair could affect his claim for HRM.

Thanks in advance for any adivce. Keep your fingers crossed for us.

Why should claiming your entitlement be so stressful and traumatic?

Ted_Hutchinson

Zziggi wrote:

Question 1: The renewal pack asks us to send the completed form back asap. What happens if we send the form back this month and they decide to award him nothing and they make their decision before 31/10/05. Will he still get the benefit until 31/10/05 on the current award or will the money stop instantly? If the money stops instantly then surely we are better off only sending the form in around mid-October?

This depends. Usually if the award were lowered they would allow it to continue until the expiry of the current award, however if they thought the difference where such that you were currently claiming fraudulently they would end it immediately. In your case you are saying in many ways the situation is worse now so the chances are there will be no change. I feel they usually send these forms out too early,(six months before the end date) but part of the problems lie with the reluctance of health professionals to reply to the questionaires in a timely manner. So if you return the form, they check with the doctor and it takes a couple of months for him to send back a useless reply they then need to set up an EMP visit. It should be possible for the DBU to process a claim in 40 working days however that's two months and doesn't allow for health professionals delays. I personally think you need to return this form ASP at this stage. If you don't get the form back in time you will not be paid anything for the time in between the current award and the date of the new decision.

Question 2: Is there anything more we can possibly do to increase our chances of being awarded DLA again?

No it sounds like you've prepared well. Did you see the post to DLA/AA evidence diary (for claims, revisions & supersessions - 18 pages) could be useful if you need to go to appeal or help you quantify the need for care.

Question 3: Is it worth 'Dropping it in' that we get this help in on the DLA forms? Surely this is evidence of the severity of OH's problems?

I think there is now a question asking for this information which you should answer honestly. If not I wouldn't think it helpful as they may feel that "Words have been put into your mouth" and it wasn't a true statement of your need. (some people charge a fee dependent on success of claim and therefore profit from exagerating claims to meet the criteria)

Question 4:Once you have had a DLA award, are you more likely to get it awarded again as long as the situation has not changed? If you are turned down, can you use the fact that you had HRM & HRC previously as justification for asking for them to reconsider/appeal?

A lot depends on the nature of the condition. Something like MS certain types/stages of which are known to deteriorate progressively are more likely to get renewed indefinitely without hassle. There is a big clean out of claims at age 16 so those with child claims getting the first adult renewal do have to be particularly careful.

estion 5: OH couldn't walk 100m last time and now he still can't walk it well. However he now needs a stick to walk with and we are arranging to get a wheelchair for him. I have heard that if you use walking aids and/or a wheelchair then this can be viewed (ironically) as you being seen to be MORE mobile because of the walking aids. Is this true? .....snip........ getting a wheelchair could affect his claim for HRM.

The mobility question is based on the ability to walk with the usual aids. A wheelchair is not a "Walking Aid" and does not count at all detrimentally. In fact if he is allowed a "wheelchair" this will be further proof of his lack of mobility. A Walking Stick, crutches, wheeled walker would all be classed as walking aids and will if issued have to be used and the distance he can walk outdoors, at a reasonable speed, manner and gait will have to be recorded. If with a walking stick he is able to improve on 100meters I doubt you will get HRM. 50mts is a more usual cut off point.

Why should claiming your entitlement be so stressful and traumatic?

Because there are so many people who are reluctant to admit their condition has improved when they no longer qualify.
Because the number of awards is increasing year on year and the Government wonder if it is affordable.
Because we are reluctant to allow premature babies to die even though we know a significant percentage will require life long support.
Because previously many people died in car crashes but now can be kept alive, though disabled and needing life long support.
I could go on and on..