DLA

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DLA

Postby Fragrance » Sat Jul 27, 2013 6:14 pm

Hi all.
So far I have been very fortunate with all the benefits I applied for until today.

- January this year I was put in the 'support Group' for ESA, the medical was short and sweet, although the whole application process was horrendous and demoralising, especially after 23 years of coping with the Fibromyalgia, it was difficult to come to terms with the reality of depending on the benefits.
- I applied for the the DLA and on 16/05/13 was granted the highest rate of mobility component and no care rate thus I wrote to the DWP to reconsider their decision as I have really bad problems with my hands and arms.
- in June I applied for the blue badge and received the badge within a week. Wow, I thought, how lucky am I?

Today I had a decision for my DLA reconsideration but I am very very confused. It states; " I have looked at all the information again and decided the original decision dated 16/05/2013 is still correct" ( which was highest mobility rate and no care rate) but then the letter under the Mobility states; you are still not entitle to either rate from and including 23/01/2013, Care, you are still not entitled to any rate from and including the above date. I am going to phone them on Monday and seek advice from the CAB, until now I have everything myself.
Can anyone please clarify that if they are saying original decision was correct then how can they then say that I am not entitle to the mobility rate? Do you think that is an admin error? Or I am having problems in understanding? Please advise. Xx
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Re: DLA

Postby FluppyPuffy » Sat Jul 27, 2013 6:49 pm

I think the first thing to do on Monday is ring DWP to clarify things. The letter you have rec'd about the recon decision but not mentioning details about the original decision could be due to an error, but the only way to know definitely is to speak to them.

As for the recon decision, you can still appeal this, speak to CAB once you have been in touch with DWP and know what is happening about the recon situation.

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Re: DLA

Postby Fragrance » Sat Jul 27, 2013 8:11 pm

Thanks a lot Fluppypuffy. :-D Thanks for your reply. Definitely I'll contact the DWP on Monday morning. But can they actually slash it completely without any medical assessment? I didn't have any medical assessment originally either. I saw the pain management consultant after asking for reconsideration and received his report in June, the report clearly says that I have problems with walking and problems in my hands and the upper torso and I am waiting to have lidocaine infusion. I know I should have send them the copy of consultants letter but the DWP wrote to me that they are seeking a report from the hospital directly and that's why it's taking them longer to make the decision. However, in their decision letter they have also mentioned that the decision is based application, ESA report, advice from health care professional and from your hospital.

Hope it's just an error, otherwise I have to make an appeal to a tribunal. I am not looking forward to a tribunal.
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Re: DLA

Postby FluppyPuffy » Sat Jul 27, 2013 8:57 pm

As far as I understand things, at the recon stage, a different Decision Maker looks at your claim to see if the original decision can be changed in your favour. If this Decision Maker determines that it cannot be changed in your favour, then the original decision still stands, so in your case that should mean you will receive your High Rate Mobility component that was initially awarded.

Should you decide to appeal the decision of the reconsideration, then it is possible that it could also affect what you have been awarded, as in reducing the level of mobility component you receive. Altho it's a possibility, it's not something I can recall hearing happen very often, but it is always something to bear in mind.

With you receiving contradictory letters, it could be that whoever generated the recon decision one didn't press all the right buttons in the right places so that all the info relevant to your claim/award was included.

If DWP feel that they have enough info to assess a claim, as it seems to suggest they had with your mobility aspect, then a decision will be made based purely on that, and a medical assessment won't be needed. For others tho, if it seems that some more info and clarification of things is needed, then an assessment will be undertaken.
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Re: DLA

Postby Iceskatemum » Sat Jul 27, 2013 10:35 pm

Would suggest an admin error. If anything like the office I worked in they would have response templates on a computer and just go in and download the version they want , editing words and dates to make it acceptable to the person it is meant for.
In this case it would seem they didn't delete the correct words refering to the mobility section especialy the word not in the Mobility or insert the HRM when referring to rate section and the care section was correct !

Would ring the manager named on the letter and ask for clarification, if I'm correct and it is an admin error I would then ask for a corrected letter for your records which clearly states the error made in your appeal letter dated xx/07/13 and your true circumstances .

Good luck
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Re: DLA

Postby evie15 » Sun Jul 28, 2013 10:38 am

It sounds like a typing/admin error.

I was on IB a few years ago and then they sent me forms for the IB for young people which meant a bit more per week. I got the decision letter back to say I wasn't entitled to it and they included the decision statement which said I wasn't entitled, the reason why I WAS entitled was because of my education.....

I called up and asked them to talk me through it as the statement said I WAS entitled to it and they then said I was and it was just muddled around!!

They can however lower your award on a recon, I have posted a link below. Mid way down the page is a woman who got awarded HRM and LRC, she asked for the care to be looked at again but said she was happy with mobility only to be awarded LRC and the mobility component removed for nothing. It was stories like this that led me to not appealing again, I got LRC and HRM and I felt I need higher care, my drs too, but I could have lost both.

http://forums.moneysavingexpert.com/sho ... 885&page=1

Give them a call on Monday and let us know what happens.
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Re: DLA

Postby relf1960 » Sun Jul 28, 2013 8:26 pm

I think it was a wrong reply to u too. However, when I applied to up my care from low to high, they stopped it and my high rate mobility too, without any further payments at all. I am waiting for my tribunal now. Wish I'd just kept what I got £80 a week! Ow I av to rely on my sister giving me lifts.
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Re: DLA

Postby evie15 » Sun Jul 28, 2013 9:40 pm

relf1960 wrote:I think it was a wrong reply to u too. However, when I applied to up my care from low to high, they stopped it and my high rate mobility too, without any further payments at all. I am waiting for my tribunal now. Wish I'd just kept what I got £80 a week! Ow I av to rely on my sister giving me lifts.


Oh no, did they say why on earth they took both away? I'm so sorry.

I can't believe it, well I can, but it's so awful. Had you just been awarded it?
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Re: DLA

Postby evie15 » Tue Jul 30, 2013 6:43 pm

Any news on this?
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Re: DLA

Postby Fragrance » Sat Aug 03, 2013 12:07 am

Hi. Thanks to all for replying to me. I did phone on Monday morning and the lady replied to me that it seems like an error, she was able to see the original decision but was unable to see the recent one. Therefore, I asked to speak to the person who's name was on the letter or someone can clarify the situation. I was informed that someone will contact me within 5 working days, I haven't had any call yet, thus I shall be calling them again on Monday morning. If proves to be an error then as suggested by the iceskatemum, I'll request a correct letter.
Regards. Fragrance
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Re: DLA

Postby smiler22 » Tue Aug 06, 2013 7:50 pm

fragrance, I would of thought if they had done it in error if you lost any money for several weeks they should backdate it for you . may be worth asking if you did lose money. I have always been told don't count your chickens. they can always reduce your money from say hign to low or nothing at all even if you have been awarded it, if you need to try for more on the other rates. ie your situation.

good luck with it and I hope you get it sorted in the end.
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Re: DLA - good news

Postby Fragrance » Mon Aug 12, 2013 7:45 pm

Good news. Had a call back for the DWP today. It was an admin error as I suspected, apparently they didn't tick all the relevant boxes. They will be sending me the correct letter. Therefore, I will be keeping my higher level mobility rate, however, I am not going to push my luck by going to the tribunal for the care component, as I won't be able to cope with the stress. :-D :-D

Fragrance.
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Re: DLA - good news

Postby evie15 » Tue Aug 13, 2013 1:53 pm

Fragrance wrote:Good news. Had a call back for the DWP today. It was an admin error as I suspected, apparently they didn't tick all the relevant boxes. They will be sending me the correct letter. Therefore, I will be keeping my higher level mobility rate, however, I am not going to push my luck by going to the tribunal for the care component, as I won't be able to cope with the stress. :-D :-D

Fragrance.


Great news!!!! :-D

I thought it sounded like a mistake.

I did what you did, decided not to appeal the lower care rate in case they decided to remove everything. That way it's over and you can relax a bit and sleep better!
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Re: DLA

Postby relf1960 » Mon Sep 30, 2013 8:45 pm

Hi Evie. When I first applied for dla it was refused, I reapplied n got it. No meetings in person at all. When I got worse over a year later I asked for it raising n I stated my extra problems. Which in theory should have given me a higher level, but instead they said I didn't fit the low level on anything. They removed my money, (which I had instead of car cus had own car) n even backdated to the last payment I'd received. I appealed n got a lying atos so called doctor who knows bagger all about fibro n I lost appeal. Nearly a year on I'm still waiting for tribunal date n I'm physically even worse than the last appeal. I feel by telling em this, they'll just believe I'm saying it so I win the appeal. They know I've had 2 ops for arthritis already, n some of my pain is arthritis shown on X-rays which does worsen, but unless I get a sympathetic judge I know I won't pass. If he's not sympathetic n the doctor in court isn't knowledgable about fibro, I will try n appeal again. I know in myself that I'm a deserving claimant not a con man, not lazy, n I'm entitled to it. So I won't give in.
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