What to do re DLA

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What to do re DLA

Postby lolabolla » Mon Oct 15, 2012 11:14 am

Hope someone can give me a thumbs up here.

I'm on ESA and was put into the support group after the ATOSH messical in August of this year.

I have been claiming DLA HRM and LRC for the past 18 months and my DLA will be up for renewal in June of next year.

Now I'm at a bit of a pickle wondering if I should apply for mid or high rate care which I know I should really be on.

I was awarded DLA whilst I was still able to continue to do a full time job (and a job that I loved) but was eventually 'medically retired' from my job in May of this year after my symptoms became so severe that I could not function physically or mentally.

I should also add that I had no help from any benefit agencies, sites or disabled charities to help me complete the forms. I just completed the forms to the best of my abilities. Though looking back, in hindsight if I had known what I know now, I think if I had I would have been awarded the higher component anyway.

I have read so many sad, horror stories on here and other sites about people losing their ESA after gaining 0 points and then because they have failed ESA and had to claim JSA they also lost their DLA too because of this.

Does anyone know if DLA would have contacted me regarding a higher rate of care because of being in the support group or if I should contact DLA myself to tell them.

I know it can be pretty risky but I am in no doubt that my HRM will not be affected because of degenerative disc disease and associated back problems.

Has anyone else tried for higher rate, should I just phone DWP and ask them to look at my claim again.

Lola xx
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Re: What to do re DLA

Postby babajane32 » Mon Oct 15, 2012 11:36 am

If you feel you should be on higher then by all means try for it. I dont think they will contact you because of the esa award . Dla shouldnt be dependant on abailty to work,but they do seam to be picking up on esa info which will all know can be dubvious!
I claimed dla 18 months ago and was refused anything,appealed..wasn (in my mind deliberate;ly) mislead by appealspanel and process and had evendance refused , went higher...got trefused to go fiurther on grounds that new edidance or whitnesses i was not origonally allowed to use (wrongly) would make no difference to the outcome! am currently waiting new dla claim and esa assesment (after waiting 18 weeks for esa and longer for dla)....i have a wheelchair to be pushed by carer when out.have lue badge now and have had neck and spine problems for years along with fm, pp and heaps more including nerve damage and lack of feeling in hands feet,bladder and much more.....and am expecting to get nowhere again..worked for myself for years becuase i couldn't go out to work due to health...now cant even manage that, but still expecting a big no :/
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Re: What to do re DLA

Postby *Lisa* » Tue Oct 16, 2012 3:58 pm

HI,

First off yes i have seen many people having there dla taken straight after loosing the esa BUT i have also seen many win there dla after many attempts because of ESA awarded and they went on the medical so swings and round a bouts.

The DLA and ESA work together and soon as your put into support group they will have that information but in theory esa/dla are supposed to work on different critera, one for capibilty to work other for mobility and care needs so just because your put into support group it may not atomaticly score you points for higher rates but does help in some cases.

No the DLA will not contact you about a higher award. Funny that a as there too quick to take ya money but will no way let you know you maybe able to claim a higher rate.

Its good that you are very positive about your HRM but please be aware no one is safe these days!!

You can either wait until your renewal claim comes up next year or ask for a change of circumstance but yet again be very aware of this also cause it means your letting them open up your claim from scratch and may not get the award you feel your entitled to. Also if you get a lower rate to what you been on you will have to pay back the difference from the COC form.
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: What to do re DLA

Postby lolabolla » Tue Oct 16, 2012 5:00 pm

Thanks for your replies :-)

I realise that claiming any type of benefit is a mine field but after reading through my ESA85 yet again I feel that I am in with a chance.

From what the report states and how I have interpreted the findings, it more than suggests that I fit the discriptors for HRM which I am currently receiving and at least mid rate care if not high rate rather than my current low care rate.

In fact, after a further reading of the report I just could not stop crying because it truly brought home to me how badly affected I am with the various medical conditions that I have.

I guess I have been just fooling myself really because I just don't have any quality of life anymore and I have only just admitted it to myself which is why I feel I should risk applying again.

Of course I am well aware that the ESA assessment is purely to define which group that DWP intend put you into but I also feel pretty fortunate that I did not have to go through the ordeal of appeals and tribunals proccess like thousands of people have had to endure.

So I have phoned DLA today and asked for a change of circumstances and if they fail me I'll just appeal like everyone else has to.

We have to try don't we.

Lola xx
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Re: What to do re DLA

Postby fibro-lu » Tue Oct 16, 2012 6:15 pm

:flowers:
:hugs:
all the best :cow-wave: Lu
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Re: What to do re DLA

Postby *Lisa* » Wed Oct 17, 2012 6:27 am

:goodluck1:

Yes i find when filling out forms how much it hits home how bad i actually am, i suppose like others i try and block it out and try to get on with it as best i can until the realisation when im filling forms out :(
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Re: What to do re DLA

Postby isitme » Thu Oct 18, 2012 4:03 am

i have been claiming and fighting for last 21/2 years and only get lrc have been unlucky i guess.

not wheelchair but use scooter when out. have not been able to get anythhing for mobility even though i don;t go out alone and just not bbeen able to get message across despite gp and rheumy reports.

been one of the unlucky ones.
even took first application to upper tier adn still waiting for answer after all this time so have 2 running now.
think its the luck of the draw. :-)
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Re: What to do re DLA

Postby lolabolla » Thu Oct 18, 2012 12:25 pm

So, I received the forms through the post yesterday and for the life of me I still haven't plucked up the courage to start completing them yet.

I'm going to make lots of notes before I attempt to answer any of the questions, I'm not just going to 'tick' boxes but give them so much blummin information that they will be boggled :crazy: :crazy: :crazy: by the time they finish reading my form.

Strange isn't it that even though I know that I should qualify for mid or higher rate care, it's how you get your point accross that matters :yikes: :yikes:

I'm also going to go through the copy of their last decision where they awarded me HRM and LRC with a fine tooth comb and pick it to bits.

Lola xx
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Re: What to do re DLA

Postby Iceskatemum » Thu Oct 18, 2012 3:39 pm

Hi Lolabolla, its a while since I filled out my forms but the advice I got was you needed to try and explain your worst day. Try not to brave it out adn think its not too bad , if it effects you put it on.

Good luck
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Re: What to do re DLA

Postby lolabolla » Tue Nov 06, 2012 11:12 pm

It's taken me almost three weeks to complete the blummin form, but it's done now.

I rememeber the first one that I competed last year took only just a couple of hours to get through before I eventually posted it off with absolutely no supporting evidence except names of specialists etc.

This time though, every time that I have looked at the mass of evidence including documentation and reports that I have from specialist etc, I have just found it impossible to concentrate on where to start.

I more or less knew how to complete the forms correctly which I have found out from reading this and other knowlegable sites, so it's not that.

Spellings gone to pot now..........blummin brain fog :nono:

Maybe it's the fear of getting it wrong.

I'm waffling now cos I'm so tired :-)

Anyway......I've copied letters from G.P's, specialists, surgeons and therapists.

Copied my ESA85 medical report where I was recommended for the support group of ESA.

Copies of appointments with with G.P's, specialists etc.

Copies of reports and assessments from my former employers occy health and medical practicioners who just so happen to be Atos.

Information from my former line manager and union rep as to why I have been medically retired.

Copies of letters from my sons who help care for me.

All in all the paperwork is approx 2" thick and weighs a tonne.

It will cost me a fortune to send it Special Delivery tomorrow.

Anyway, I just feel so relieved that it's finished.

It's taken over my life for the past 3 weeks and I can't wait to be rid of it.

I'll keep you all informed as to the outcome.

Lola xx
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Re: What to do re DLA

Postby diane1 » Tue Nov 06, 2012 11:39 pm

lOLLABOLA

I must hyave missed your post when you put it on but when I read it today it was like reading the miror image of mylife.

I got HR mob and LR care while still in work but have since had to leave. I am in the support group for ESA and have just managed to get my ill health retirement from work. Like you people were telling me I should be on a higher rate care than LR but was scared to ask for a review in case I lost it all. I decided that I would apply as I was entitled to it and would like you appeal if it didnt work (im getting good at appeals now !) . Anyway I sent in the form and they got my ESA medical notes then they got a GP report and a Consultant report despite me sending them in. Finally they sent an ATOS Dr to my house to do amedical. He was very thorough and I got the results a week later and I got HR MOB AND HR Care for 2 years.

So good luck I'm sure things will work out ok for you.

:fingerscrossed: :goodluck2:
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Re: What to do re DLA

Postby lolabolla » Wed Nov 07, 2012 9:21 am

Thanks so much for replying Diane it means a lot to me :flowers:

Yes it seams are lives are mirror images, spookily so.

Just like you Diane I am prepared for the appeals palaver and although I have been fortunate enough not to have to attend an appeal I feel one coming on soon.

Lola xx
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Re: What to do re DLA

Postby annrotherham » Sat Nov 10, 2012 9:32 pm

hi im in the support group and didnt have a medical. the phoned me and said not to attend medical as they had enough info from my gp.
but i have just been turned down for dla. so who knows how the work it. i rang the dla and told them i was in support group but they said its a different benefit
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Re: What to do re DLA

Postby isitme » Sun Nov 11, 2012 5:27 pm

yes, the barrier is so low now.

its all about can you walk a short distance and if you can do you experience pain or discomfort then if so PROVE it.

same with care what do you need can you cook a meal, can you wash and dress yourself. if you are alive you don;t ;qualify.

:crazy: :crazy:
or if you are well enough to be able to spend the money then again you don;t qualify so whats the point, in my area if you admit to leaving the front door or cooperating with family members you are not ill enough.
hopefully others will be along to tell you how to get it as i have failed on mobility twice. sorry.

and their faviourite like is "you can but chose not to"???
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Re: What to do re DLA

Postby lolabolla » Tue Nov 27, 2012 6:44 pm

So I received my decision today and no change in benefit, still got HRM and LRC untill May 2013 when they will assess me at the end of my existing two year award.

So I've phoned DWP today to appeal

I wish that I had been a little more prepared because I wasn't expecting the nice young man on the end of the phone to ask me what I didn't agree with in the decision :yikes:

My mind went pooh and I just jibbered a few sentances to him...buggah! I usually try to be so organised.

I felt so very confident that I had explained myself and how my disabilities affect me.

It's obvious that the 'decision maker' has done what's expected of him, ignore all the evidence provided and refuse a higher award.

It's all par for the course though so I had half expected it to be honest.

I feel an appeal coming on.

Lola xx
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