DLA ADVICE PLEASE

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DLA ADVICE PLEASE

Postby rohansnan » Thu Aug 09, 2012 9:04 am

Hi everyone...
I started claiming DLA in 2009, at the time I was suffering with panic attacks, agoraphobia and IBS and I was given lrc and lrm. 2yrs ago I was dx with Fibromyalgia and have twice asked for my claim to be reviewed and twice been turned down. I have now decided to go to tribunal but have since heard that they only look at your case from when you first applied and not how you are now.....is this true and if so where do I go from here...

gentle hugs to you all xx

Diane
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Re: DLA ADVICE PLEASE

Postby fatalrazkaz » Thu Aug 09, 2012 9:25 am

I'm sure they have to take into account any change in your health. I'm sure if you got better they would happily re-asses you and then take you off the benefit so it should apply the other way too. If your health gets worse then they should re-asses you.
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Re: DLA ADVICE PLEASE

Postby Carole » Thu Aug 09, 2012 10:02 am

Every letter DLA send out has a paragraph where it asks you to inform them of any changes in your condition and I assume its not just that you are better and therefore not needing DLA anymore, it should also mean if your condition deteriorates as well ..they can`t have it just one way surely!!
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Re: DLA ADVICE PLEASE

Postby dianamarie » Thu Aug 09, 2012 10:44 am

Hi. i was diognoised with fibro in oct 2011, i also have I,B,S, osteoarthritis, i get e,s,a, but i have had to go to tribuneral, when i went they said the same to me we not interested about now its when u claimed that we want to know about, i have got a lot worse since then, i am still on e,s,a, but for how long is antbodys guess, i hope u get your claim sorted, i may apply for d,l,a someone told me to apply for a disabled sticker for my car, x
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Re: DLA ADVICE PLEASE

Postby denys » Thu Aug 09, 2012 11:25 am

Unfortuantely it is from when you claimed but if you are disputing their refusal to look at your claim again since deteriorating then you must make this clear to them. Otherwise I think you have to start a new claim and all the aggro that goes with it :fingerscrossed: you get it sorted
Denys

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Re: DLA ADVICE PLEASE

Postby jds1969 » Thu Aug 09, 2012 3:53 pm

Hello, I've just applied for DLA and it did say on the form that if there were any changes to your circumstances that you would have to re-start your claim from the date that you tell them of the change... (i hope that makes sense :-) ).
Jenny
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Re: DLA ADVICE PLEASE

Postby rohansnan » Thu Aug 09, 2012 5:01 pm

thanx everyone for your advice......Denys, I rang them to say my health had gotten worse and that's why I wanted them to review my case, when I sent the forms off both times (once for re-decision) they never even bothered to contact my GP.

Cheers guys xxx
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Re: DLA ADVICE PLEASE

Postby *Lisa* » Thu Aug 09, 2012 5:13 pm

You should be reviewed from the forms you sent in if any thing has changed since then it will not be put forward, you'll have to do another change of circumstances for that :shock:

Just a little info in regards to change of circumstances... you are opening up your claim again for a whole new decision maker. If they award you a lower rate/none from an existing awarded you are liable to repay the difference.

For example... if your on MRC and you put in a COC and the decision maker awards LRC then you will have to pay back the difference from the date of the COC

Confusin i know... so you really have to weigh up the options if your going for a higher rate.

Good luck! :-D
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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