Refused or Appealing DLA Decision/Post here

[trekster]

Good luck with your appeal or reapplication. I helped another bendy friend of mine get some DLA but she is considering
appealing which ive heard is expected in a lot of cases of DLA for some reason. Maybe the impending PIP has meant
the criteria have been tightened.

im considering appealing the length of my care award. It was middle rate before due to my ASD and associated MH problems.
Now ive asked for a reconsideration they have changed it to ending in 2014 but all ive done is added some needs and a few
diagnoses!

i can understand the mobility issues might change but not the care issues because without ASD and fibro i would still have
middle rate care needs in fact those would be the same needs ive had since my 1st award 16 years ago (and before).

im thinking that if i appeal it then i would only get another 2 years (DLA people have told me indefinite awards will be
assessed in 2016 onwards). The decision maker is supposed to ring me within 48 hours so if they dont by Monday morning
(i rang wed afternoon i think) then i might chase them up.

Any ideas?

[Lisa77]

Thanks stargazer. I did have help filling in the forms and am a member of b&w yet all of the information in my form and all evidence has been ignored. Quite frankly Im really upset that they have basically lied in order to refuse me at the appeal. So.....I have decided to appeal to the upper tribunal, I just dont think they have acted fairly. A risk..yes, more stress...yes but I am not making all this up and I want to show them up for what they have tried to do. Im figuring if they have had to fib to create the refusal grounds I might actually deserve it but I wont hold my breath. Trekster, I could come forth with many ideas but clearly Im pretty rubbish at navigating the benefits system!!

[trekster]

Got a phone call today from 'a decision maker' when I was told 'the decision maker' would ring me.
So I cant even speak to the person that made the decision on my recent claim.
He told me basically what was already on the form and didn't seem experienced at speaking to autistics.
I apologised for not being able to take in what he said and mentioned to him in a joking sense that
'it's not going to be quick with autism'. I felt like he was reading from a script and had to ask a
few times 'cant I speak please?'

He even told me that 'an indefinite award doesn't mean for life and can still be reviewed at any time'.
Is this true?

[Superstottie]

Yes - it mentions it on the award notice I believe that although its for an indefinite period they can review it at any point, it just means that you don't have a set date for review!

[Blaadyblah]

On the indefinite awards, I believe that is the case - it doesn't mean permanent, your situation can be reviewed at any time. A friend who received an indefinite award had his reviewed a couple of times over the course of a ten year period before he died in 2007 so that has been the case for a long time.

[Superstottie]

And - your award is for both components together - they obviously feel that your mobility needs could change over the next two years now that you are on the higher rate, so therefore they have to look at the whole award again in two years, they can't just award mobility for 2 years and leave you care on indefinite.

[trekster]

They can award care on indefinite and mobility on limited (or vice versa), that's one thing I did find out from the DM today.
Another thing that confused me a bit is DLA helpline say indefinite awards get reviewed in 2016, DM says that's not the case
(that's presuming they dont review it beforehand). Why call it indefinite if its not always indefinite?

My autistic brain doesn't recognise obvious. I accept my mobility could change but as im combined with my ASD, which hasn't
changed since 1996 (the associated anxiety and extreme reactions to medications for example) that doesn't make sense to have
more needs added on but yet still not stick with indefinite and I used the B&W guide to apply.

The point I tried to make to the DM today was that if I didn't have my HMS and my fibro I would still qualify on the grounds
that my ASD had not changed in fact it has got worse. Unsure if I qualify for HRC as I can't be left alone at all because I can
forget to eat and drink the longest being 10 hours without drink and I'm now about 10 hours without food (I don't feel hunger
and dont feel hungry at the moment also im not in a bad mood which is the 1st sign of being hungry).

[Superstottie]

What they might be meaning is that DLA is being scrapped and we will all get moved over to PIP, by 2016, so in reality we will all be reviewed by 2016, but then the decision maker hasn't looked at it that way, and maybe doesn't see the fact that we will all be reassessed to change from DLA to PIP as being reviewed? In my experience you get different 'facts' every time you speak to someone different at any benefits office - none of them seem to actually know everything so make it up!

[sheppeyescapee]

With regards to higher rate care you have to satisfy both the day and night time criteria. So you need to need a certain amount of help during the night and day. Unless you need help at night you won't qualify for higher rate care.

[star gazer]

Hi Lisa, is it worth putting in a new claim for DLA whilst still appealing to the upper tribunal, I think you can do both and if your new claim is allowed then you could always cancel your appeal. Have you aksed if that is possible on the B&W forum?.

With regards to indefinate awards in dla, it used to be lifetime award but was then changed to indefinate award, whilst you are on an indefinate award the dwp can review your claim at any given point " to make sure the rate you are on is correct and that the money you are being paid is correct, at the time of review your award will remain unchanged if your condition that qualifies you remains unchanged, however the award can go up or down depending on needs at the time of review". DLA is split into two separate awards care & mobility for which you can be awarded different levels but I dont know if they can award different time scales for each one (something I haven't read about) with regards to indefinate awards being reviewed in 2016 this is because they will be the last group to be reviewed in the transfer over to pip, even indefinate awards will have to completely re apply and have a face to face medical under the new criteria. Those who are on shorter awards or about to apply at the change over point will be the first to be assessed for pip. Trekster could you maybe see if B&W know if the two components of dla can be awarded different time scales, then you will know for sure.
sg x

[trekster]

What they might be meaning is that DLA is being scrapped and we will all get moved over to PIP, by 2016, so in reality we will all be reviewed by 2016, but then the decision maker hasn't looked at it that way, and maybe doesn't see the fact that we will all be reassessed to change from DLA to PIP as being reviewed? In my experience you get different 'facts' every time you speak to someone different at any benefits office - none of them seem to actually know everything so make it up!

Sounds familiar to me I know of people who phone up and ask for what is needed to 'apply for housing benefit; then get told off for not including something they didn't know they had to include Bad news DLA assessors are now with ATOS!

Sheppey, My night time care happened to be up to 1.5 hours to get me to settle to sleep and remind me of meds.
Below is what I wrote for night time, the toilet needs are the same at night.

"I need help changing into suitable nightclothes and encouragment to do so for
at least 1 hour before bed. I dislocate my shoulders changing clothes and the pain is
so severe that I avoid changing clothes for days on end. I sleep poorly so need someone to
wake me in the morning and ensure i havent injured myself in the night as my joints dislocate
in my sleep due to reduced muscle tone. my poor sleep results in my sleeping on the sofa
at least 4 times per week during the day or sleeping until midday in the morning. I would
get out of bed if left unsupervised and unable to sleep due to racing negative thoughts and
pain distracting me. I would stay up and need encouragement for at least an hour to return
to bed and also to take medication or physiotherapy."

Stargazer thanks for your reply, when I originally asked them they told me "my award can go up or down" but they didn't tell
me when I replied "my award cant go down I am indefinite" that it includes indefinite awards. They don't seem to be able to
recognise autistic behaviour in the DLA offices! I was told by the decision maker you can get different time scales for care
and mobility as that was one of the 1st questions I asked. I was really frustrated because all he did was tell me what was on
the letter and very little extra information.

[trekster]

Mods? New reply as there's an error in being able to edit my post.

SG I had worked out why indefinite awards were going to be assessed in 2016 seems logical to me. I am currently encouraging my friends and those attending social groups that I run to apply/appeal their DLA this year before the PIP comes in the hope some will get indefinite awards.

2014 is going to be a difficult year, bus pass, blue badge and DLA all up for review within a few months of each other. 2015 or 2016 is when my severe disablement allowance will be reviewed to move me over to ESA.

[Lisa77]

Stargazer.

I have asked over on B&W and yes a new claim can be put it whilst appealing to the upper tribunal. If my new application is successful, I can still wait for the appeal on the last application and if that is successful it will be backdated and awarded up to the date of my new application. (hope that makes sense!) It turns out though, that I need to see a specialist legal advisor for the upper tribunal thing and dont qualify for funding as although I am on a low income I have made the mistake of trying to get a degree and the student loan means I dont meet the criteria! The very fact that I get help with H/B and child tax credits because I am on a low income means I'm no longer on a low income! Frustrating as the money I live on is all borrowed in student loans! Dosn't matter anyway, I cant afford to fix my car and without my car I have had to withdraw from university as I cant get there. The major reason they stated for turning me down was because I was managing to drive to university a couple of days a week (even though I wasnt even managing that at the time of the claim) so now I can't go anymore it will be fun to see what they come up with as a reason to turn me down. They can also use the decision of the tribunal as evidence in a new claim so I don't fancy my chances. Thing is I'm not even that upset anymore, I just feel so sad that the point of DLA is to enable you to lead some semblance of a 'normal life' yet they have turned me down for trying to cling on to one. That course was all I had left of my 'old' life and now there isn't anything...and now I'm stuck at home all the time without my car. Never mind that I may win the appeal or a be successful in a new claim..it's too late Wow, that quick reply turned into a proper old moan. Sorry!

[star gazer]

Lisa, I think it is a bit odd that they used the car as a negative on your claim because people who are on hr mobility can apply for a motorbility car and therefore drive themselves. I drive short distances, max 20 mins, but mostly to the docs and local hospital 10 mins away.
One thing to consider is that the tribunal was looking at a claim that you have already made and not how your condition is now so if you reapply for dla would there be any changes on your form? (has your pain got worse or have other things satrted to happen with your health that weren't evident in your initial claim?) If you do have changes then these have to be considered as now, not what was written before. When renewal claims are put in we have to fill them out as completely new claims and include any new info and evidence.
best wishes
sg x

[Lisa77]

Turns out the local C.A.B have no welfare rights specialist to help, I dont qualify for help from the legal people there anyway and even if I could afford to see a solicitor myself they dont know of any that specialise in welfare benefit law so they referred me back to the local voluntary organisation that helped to fill in the original form...who dont have any specialist welfare rights people that can help with an upper tribunal . Once again I'm on my own. I suspect, after requesting to see my G.P notes that most of my history is missing and I can't afford to get copies of my notes from them or the hospitals. If I fill out a new claim for DLA, they can use the tribunal decision as evidence and if I change G.P now they won't know me so probably couldn't write a supportive report. Everywhere I turn I'm hitting brick walls, I can't get anyone to listen to me let alone help me and it's just one massive catch 22. I just dont have the strength or energy to keep going with it all but if I give up I'm going to lose what little bits of my life I've managed to cling on to. 20 years of pain, injuries, fatigue and feeling utterly c**p and its the admitting I need help and trying to get some that finally drives me to anti-depressants. Wish I hadnt bothered. Sorry. Bad few years/months/weeeks/days.