DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

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  • Thanatos
    Thanatos Posts: 882 Forumite
    RoxyK wrote: »
    Thanks for your advice Thanatos. It is really appreciated. I'm just about to put in my DLA form once I get it back from my doctor. I went to the CAB for help with filling mine in and got the same advice as many others to put down your worst day. However, in my case my care needs vary very little from day to day and we did put down what I can manage when I'm at my best. Just hoping thats ok.......

    I had planned on asking my NHS Homeopathic GP (referred to by my regular GP) for a report but she had to cancel my appointment and I won't see her till Dec and was passed a message that my GP would normally do the report and we'll talk about it in Dec. Is it worth pushing for an additional report? I have CFS and have been attending for that and allergies.

    Thanks so much!

    Actually, putting down what your best days are like is just as bad as only putting the worst... If you only put one type of day, put the average day, but its really is best to try and describe every type of day and how often (on average) they occur. If you already sent it off, its easy enough to fix, just ring helpine (08457 123456) and explain you put down the best days in the form and ask them to forward on to the decision maker some additional information and let them know about the average and worse days too :)

    Regarding additional info from your GP - its not the end of the world if you cant get hold of any, if they think its necessary, the DLA will write out themselves. ;)
  • Thanatos
    Thanatos Posts: 882 Forumite
    i would be most grateful the sum of money is large and the lady in question doesnt want to offend her solictor by questioning this incase he thinks she doesnt beleive him (apparently he is a friend of family etc etc) personally i would want reciept or some evidence thankyou again


    Ok, only because i am such a nice guy, I looked up benefit recovery in the social security regulations... unfortunately it does look like both DLA care and mobility components are recoverable.

    "Compensation for cost of care incurred during the relevant period - Care component of disability living allowance"

    and

    "Compensation for loss of mobility during the relevant period - Mobility component of disability living allowance"


    Both quotes are from The Social Security (Recovery of Benefits) Act 1997 which can be found HERE.

    Essentially its like the government saying why shoujld we pay for your care and mobility needs when the person who caused the accident should, so the courts account for the amount of benefit you have recieved and incorporate that in the final settlement - which then gets deducted by the lawyer to pay off the DLA...


    However, I honestly would check with CAB to be sure 100% though, as like I said this question is a little out of my field of work... and i would get to mis-inform you :)
  • Ames
    Ames Posts: 18,459 Forumite
    I'm interested in what you say about the software telling you about how bad conditions can be. How does it deal with variable conditions? For instance, I have ME and bipolar and I have an award of Higher rates of both components. My worry is if the software says ME means xyz but that could be wrong - from what I've heard the software tends to play down ME saying that it's not severe enough for a HRM award. I'm a bit worried about what'll happen for my next award, as the decision makers guide for ME has recently changed. I hope that question made sense!
    Unless I say otherwise 'you' means the general you not you specifically.
  • My mums Social Worker has told her to claim attendance allowance.
    So I could do with some tips/advice on how to make sure that any necessary documentaton/evidence is included with her application.

    She is just about to come out of a rehabilitation hospital after injuring her back and will now suffer from the after effects permanently. In addition she has Diabetes and arthritis. Do I need any letters/reports from the hospital?

    She currently claims housing benefit and her only income is the basic state retirement pensions. She will be attending daycare and having meals on wheels and vitaline. Is there anything else she should be claiming in order to pay for all of this?

    I probably should add that she is 80yrs old.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    It's good of you to help us understand the decision-making process.

    I'm interested from the viewpoint of someone with ME. If someone is pacing themselves properly, they may be able to do most of the things on the form - but the effort of doing them will cause problems on the following days. How can the form be filled in to show this?
  • hi some advice please my mum has got severe osteoarthritos in her hip and has been told she needs a complete hip replacement she cannot work,can barely walk and needs help with personal care...she applied for dla a couple of years ago and the forms we're filled in properly,accurately and very thorougthly..yet dla refused. she has seen a surgeon again today and i have made her ring the dla again to try and claim again her dr and surgeon are very aware of her situation and her limitations,she didnt push for tribuneral last time as she assumed what they said was more or less final.... with doctors report and surgeons report both last time and this time stating she can barely move,bend, walking is practically a no no for her is there such a thing with certain illnesses that just will not make it through dla regardless of what doc/surgeon reports say??this time im making sure that even if they refuse again that she will see it through till the end!!
    always send a smile as it costs nothing..



    :beer:
  • what a fantasic idea well done you for thinking of it.
    My Son has ADHD and bad bowel problems he has just been awarded the higher rate of care and lower mobility however I thought he would have remained on middle care but higher mobility as getting to hospital appiontments is vital and we live in such a rural area I have no choice but to have a good working car. He can not travel on public transport and even if he could it would take hours to get to hospitals. either way by the time we get to hospitals he always needs a full change of clothing.
    I have tried getting finance for a newer car but its a no go as Im on benefits.
    Is there anything I can do about this?
  • Thanatos
    Thanatos Posts: 882 Forumite
    Ames wrote: »
    I'm interested in what you say about the software telling you about how bad conditions can be. How does it deal with variable conditions? For instance, I have ME and bipolar and I have an award of Higher rates of both components. My worry is if the software says ME means xyz but that could be wrong - from what I've heard the software tends to play down ME saying that it's not severe enough for a HRM award. I'm a bit worried about what'll happen for my next award, as the decision makers guide for ME has recently changed. I hope that question made sense!

    All the software does is tell us what you should normally expect from a condition. It gives info on both care and mobility needs for mild, moderate and severe forms of the condition. For severe ME it does advise you would expect to see needs that amount to a higher award of both components.

    The CCM guidance is only Guidance and its up to the DM at the end of the day, and we are all aware than people react different ways to different conditions. CCM is NEVER used as the sole evidence for turning down or reducing a level of DLA or AA, it just makes the DM aware that the stated needs are or are not what you would expect. If they are not what we would expect, then we go out for additional information.

    hope that clears it up :)
  • Thanatos
    Thanatos Posts: 882 Forumite
    bambinaUK wrote: »
    My mums Social Worker has told her to claim attendance allowance.
    So I could do with some tips/advice on how to make sure that any necessary documentaton/evidence is included with her application.

    She is just about to come out of a rehabilitation hospital after injuring her back and will now suffer from the after effects permanently. In addition she has Diabetes and arthritis. Do I need any letters/reports from the hospital?

    She currently claims housing benefit and her only income is the basic state retirement pensions. She will be attending daycare and having meals on wheels and vitaline. Is there anything else she should be claiming in order to pay for all of this?

    I probably should add that she is 80yrs old.

    Well as far as anything else to calim - I only deal with DLA/AA so cant really answer that, I would suggest trying the Benefit Enquiry line who are very good with giving you a list of what you should claim they are on 0800 882200.

    Regarding what to send it, with multiple conditions, the GP is probably the best bet as hospital doctors only specialise in one thing, so you would need a different dept for the arthritis, diabetes, etc etc. whereas the GP can give a summary of all needs.

    Your social worker would be ok too - although it may not be enough to base a decision on, if supportive, it would certainly help the claim along the way.

    Remember to make sure they give supportive letter that details needs as well as the condition, because a GP letter saying she has arthritis and diabetes is not as good as one that says she struggles getting in and out of chairs, up and down stairs and bathing etc.
  • Thanatos
    Thanatos Posts: 882 Forumite
    Mojisola wrote: »
    It's good of you to help us understand the decision-making process.

    I'm interested from the viewpoint of someone with ME. If someone is pacing themselves properly, they may be able to do most of the things on the form - but the effort of doing them will cause problems on the following days. How can the form be filled in to show this?

    I suggest adding this info on a seperate piece of paper attached to the claim pack.
    We are aware of this scenario with ME. Its a hard one to call as a DM and we generally lean heavily on medical advise from either your own doctors or ours.

    ME is a complex medical condition, and as we are not medically trained, these are the sort of cases we are encouraged to seek additional info on. Dont be supprised by EMP (examining medical doctors) being called out to examine you at home - its not because we dont believe you or anything like that, its because we need additional info we are struggling to get elsewhere.
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