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Disability Living Allowance

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vampirequeen Mon 09-Jul-12 17:41:21

Sorry if this is wrong forum.

Disability Living Allowance has become a lottery where someone in an office with no medical knowledge decides whether you're ill enough to qualify for extra support. They say they take advice but believe me the way the act on that advice suggests that they rarely read it. In fact I know of cases where people born with needs have suddenly appeared to make dramatic recoveries and had their DLA removed.

It seems that in most cases your claim for DLA will be refused unless you are so ill they can't deny it. At this point some people will give up their claim because they either can't or don't know how to appeal or think they will have no chance of changing the decision anyway.

This is a callous way to deal with people who are ill but it cuts the number of claimants and that looks good for the governments figures.

I wondered if anyone had advice for fellow claimants for DLA or any other benefit.

Here's my story.

First they made me wait for three months or so. Sure enough I was turned down. But I'm a bolshie mare at heart and I wasn't going to give up something I had a right to no matter how hard it was for me to fight. So I contacted my local disability rights group. With their help I put in an appeal. I was lucky because my GP is supportive and she gave me a letter explaining my needs.

Once they received my appeal they wrote me a letter saying they were reviewing my case then, I think, they threw it on a pile for another two or three months. Eventually they accepted that I needed help but only at the lowest level . At this point I ddn't give up as many people do. I sought more support from disabilty rights. They helped me to appeal for a second time pointing out that whoever had looked at my claim seemed to cherry pick from my GPs's letter and ignore the bits that meant I was entitled to a higher level.

So we appealed again and after an acknowledgement my form was put on a waiting pile for a couple of months. Eventually they accepted that I need a lot of care and awarded me higher level care and lower level mobility which works out at around £95 a week. This is £95 I wouldn't have had if I hadn't fought them.

Hurrah a success but one with a sting in it's tail because I have to start the whole sorry procedure again in November.

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Annobel Tue 10-Jul-12 17:39:53

That wouldn't be before time, jeni. Atos is a disgrace.

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jeni Tue 10-Jul-12 17:46:32

Don't talk to me about ATOS. No this is for the appeal tribunals. They put right ATOS' mistakes. But this is for DLA/AA , soon to be PIP!
The three person tribunal.
ESA does not have a disability member , just a doctor and judge!
ATOS do have little input into to DLA but not as much as ESA!

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Annobel Tue 10-Jul-12 17:48:15

ESA is giving us the most headaches at our CAB these days. People are having their benefit cut with little or no notice with no reason given.

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jeni Tue 10-Jul-12 17:59:57

It's this new ruling that if they have been on ESA for 365 days . Then they have to go onto income based ESA. If they have other earners in the household therefore they probably get nowt. At least that's how I understand it. Remember I'm the quack not the judge. People who are in the support group will still get ESA.
Does that help?

If you're still puzzled let me know. I'll give you my phone no NAND try and explain.

Obviously I can't give advice , but I can see no reason why I can't give facts?

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Annobel Tue 10-Jul-12 18:26:28

That's correct as I understand it too. But doesn't explain one or two of the cases that have landed on us recently!

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jeni Tue 10-Jul-12 18:34:28

Have you taken into account the changes in the descriptors? Eg,mobility no longer means walking! Bending or kneeling has gone. Standing and sitting is now 'able to remain at a work station'
The mental descriptors are much tighter now and harder to get!

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Annobel Tue 10-Jul-12 18:54:49

Thanks, jeni. I think we have advised asking for an explanation and a review.

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jeni Tue 10-Jul-12 18:58:55

Good luck!

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elisagrace Tue 14-Jun-16 07:41:48

Hi vampirequeen,

Your story also provided me a lot of courage to fight for my father's right . He is 80 years old and walks with much difficulty. Three days back he fell in the bathroom and got fractured his leg. Doctors told me that at this age it is much difficult for him to fully recover and after treatment he has to walk with the help of stick. Since he recovered, he is walking with the stick. One of my friend told me about DLA for father and told me following requirements for its eligibility for adults:-

-A person has difficulty while walking.
-Person needs help while dressing, washing, using the toilet or has difficulty while communicating to someone else.
-The person without legs.
-If the person is blind and is also 80% deaf.
-Mentally impaired.

I applied on the basis of first point and also submitted the authorities required documents. Initially they were mean making in the case, but I followed your method and also go through here www.qwiknumbers.com/dla-contact-number to know more about the eligibility criteria. At last they were agree with our points and cleared the case.

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vampirequeen Tue 14-Jun-16 08:36:04

I'm so glad you got the payment, elisagrace. Disability benefits are a minefield.

I've just been forced to apply for PIP so the whole sorry battle started again but at least this time I get my DLA payment until they make a decision.

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