DLA Appeal rejected

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DLA Appeal rejected

Postby cazzaboo » Thu Aug 23, 2012 8:17 am

I had been on mid rate care low rate mobility indefinately since 2004, but in April from advice of my friends who look after my needs i notified dla that my condition had become worse and i was needing much more help with things i didnt need help with before. After 11 weeks i had my reply to my shock my care component had actually gone down to low rate.

i appealed by phone. After another 8 weeks i received my reply the decision remains the same. However, their reasons do not coincide with my claim form, they state i dont need help during the night getting in/out of bed changing positions where it clearly states on my form i do need help, they state i dont need help taking my meds my form states clearly i do, they say i dont need help bathing or getting out and about, they say im not at risk of harming myself ( i am a self harmer and have been for a long time my form clearly states all this).

I am at my witts end with these people, have they actually read my claim form at all??? I sat yesterday for hours trying to pluck up the courage to ring them as im not good dealing with official things i wrote things down what to say. I went through it with my friends it was making me believe i hadnt filled the form in properly or i was goin mad, but the facts are there on my form clear and simple, how on earth can they lower my rate after all these years when my care needs have increased my medication has increased my condition is more severe.

Are they on a percentage thing where so many have to be turned down regardless am i just one of the unlucky ones???? I am going to appeal through Welfare rights i just hope i have the energy courage and determination to do this and not give up. These people are making my illness worse, the stress the worry, im not sure i can cope with it all. Help!
Last edited by FluppyPuffy on Thu Aug 23, 2012 10:21 am, edited 1 time in total.
Reason: Split into small paragraphs for easier reading.
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Re: DLA Appeal rejected

Postby linedancer99 » Thu Aug 23, 2012 9:48 am

Hi,
I applied some years ago for DLA and was also rejected, I appealed by post and was rejected again. I had had a home visit by a doctor who had written my condition will improve. I have arthritis in my neck and spine. I appealed again so that I could go to a tribunal. They were brilliant, there were 3 people on the board who laughed when I told them the getting better part. They asked questions, I had a friend with me who seemed to know more about me than I did. lol
My friend knew how far I could walk and how I walked ( I had never thought about that). I was given a unanimous decision.
It is well worth appealing again, I had heard you never win with your 1st appeal and it is beter to go face to face.
Hope that helps. :-D :-D :-D
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Re: DLA Appeal rejected

Postby Lemonzest2012 » Thu Aug 23, 2012 10:01 am

I'm not saying its Quotas but BLOODY QUOTAS :( :oops: :yikes: :evil: :!:
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Re: DLA Appeal rejected

Postby Lemonzest2012 » Thu Aug 23, 2012 10:03 am

Oh and appeal till the :swear1: :swear1: :swear1: give you what you need, remember, the squeaky wheel gets the most oil (and that you make yourself so expensive that its cheaper to just pay you :P)
Last edited by FluppyPuffy on Thu Aug 23, 2012 10:12 am, edited 1 time in total.
Reason: Removal of expletive/unsuitable language.
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Re: DLA Appeal rejected

Postby FluppyPuffy » Thu Aug 23, 2012 10:18 am

Lemonzest, whilst I can more than appreciate the emotions that are stirred up when we hear the sort of news cazzboo has received, when posting, especially on the open part of the forum, a little care and thought is needed when expressing how we feel. I've removed the expletive and substituted it with the :swear1: :swear1: smiley. Please try to use this or one of the other ones, or even %$&* rather than the actual word.

:welcome: to the forum cazzaboo :wave: :wave: I've split your post into smaller paragraphs as a lot of us struggle with reading large blocks of text.

I'm sorry to hear what has happened. Sadly there are a lot of people in a similar situation to where you have found yourself. The best thing you can do is get someone to help you with the next step, such as Welfare Rights (which you've mentioned) CAB, Social Services or other local organisations. You'll need to let DWP know what your intentions are within their given time period as well.

:goodluck2: :goodluck2: :goodluck2: :goodluck2: :goodluck2: with getting a more suitable outcome :fingerscrossed: :fingerscrossed: :fingerscrossed:
As a Public Moderator 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.

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Re: DLA Appeal rejected

Postby Lemonzest2012 » Thu Aug 23, 2012 11:03 am

Sorry fluffy, will not happen again. :)
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Re: DLA Appeal rejected

Postby *Lisa* » Thu Aug 23, 2012 12:34 pm

Cazaboo,

I dont want to be the barer of bad news but (and please seek advice before you take on what im about to say just in case!) you will have to pay back the amount from when you put in your change of circumstances :yikes:

They awarded you LRC and you been on MRC so from date of new forms you will have to pay back the difference :yikes: please check tho BUT i recently done my research on this *change of circumstances* for DLA as i was going to do this as my health has got worse and its in black and white from MRI scan BUT reading all the info and what can happen i decided not to! I dont wanna rock the boat, my renewal is coming up next year so i'll do it then.

Will any decrease in my DLA award be backdated?

The award will be reduced from the date when you knew, or could reasonably have been expected
to know, that the change should have been notified. This may be the date when you actually did
notify the DWP of a change or may be earlier if the DWP thinks you should have told them sooner.

If the reduction in your award is backdated it may not only lead to you being asked to repay any
overpaid DLA, but also other money such as premiums on your income support, that have been
paid as a result of the DLA award.

If you do get a letter asking you to repay benefits get advice immediately from an advice agency.
You may be able to appeal the decision that you have been overpaid and also to challenge the
amount of the overpayment. If money does have to be repaid, there are rules about the maximum
amount that can be taken out of your benefits each week to do so.


Im hoping this is not the case for yourself but its to also show others how twisted the system is!!

:shock: :shock: :shock: :shock: :shock: :shock:

You may have to see about tribunal if you can for change of circumstances.

:goodluck1:
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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Re: DLA Appeal rejected

Postby babajane32 » Thu Aug 23, 2012 12:43 pm

It;s a cold hard place that puts many in fear of notifying if things get worse because you can end up hammers especially in the present climate! An appeal even to a second tier tribuneral may be worth it if you are sure you had enough firm medical evidance to be at higher rates, but my own more rescent experiance of tribunerals is that even they are changing the goal posts/seam to be under additional instruction..but that may just be the pills making me paranoid!! I do still beleive that if you have good cause and good evidance the sytems can work ok, but definately dont assume because you put it on your form that it carries any wegith at all unless they or you can access sustantial evedance to back it up.....it if you didnt have enough evedance for the correct descision then you can collect more,send it to them or a tribuneral to request further consideration..BUT ....time limits apply AND you need to support the information at the time you put the claim in, and not your condition since then. :mrgreen:
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