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Refused Dla. Reconsideration Denied Because I Receive Carers Allowance For My Disabled Children.


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Hi all.

 

Here's my problem.

 

I've been on DLA for 3 years. This is my second claim. My first claim went through, no problem. This claim has been denied. Has gone to reconsideration and has been denied again.

This is the decision;

 

Further evidence not required.

Mrs X is in receipt of carers allowance and to be entitled to this somebody has to spend at least 35 hours a week caring for someone in receipt of particular rates of DLA or AA.

Her claim needs are inconsistant with this and agree with the reasons for the decision dated 7th April 2008.

As far as I can see I am being vindicated for caring for my 2 disabled children and claiming CA for them:o

Funny thing is, I was claiming CA for my 2 children last time I claimed so I have no idea what's going on?

 

I myself have become worse, and my 2 children are still disabled.

 

My circumstances are;

 

My eldest son has ADHD and Dyspraxia (muddled child syndrome).

My middle son is Autistic.

I have a blue badge.

My husband doesn't work and is my full time carer, although he doesn't receive CA for me as I'm no longer in receipt of DLA.

I'm in receipt of Incapacity Benefit. I'm only on the middle rate (nobody told me when I started to claim DLA that I should be claiming IB as well, which is why I'm not on the highest rate and getting the Disabled Premium to! I will be on the highest rate in November.)

I'm under 2 specialists and my doctor knows everything about whats wrong with me.

I was on Medium Care and Low Mobility. I have been told by someone in authority that I should really be on High Care and High Mobility now.

 

I haven't had to go as far as this before to be awarded my DLA, and I have no idea what I'm going to say on my appeal form, that I haven't already put (in detail) on my claim form:confused:

 

I would be really grateful if someone could point me in the right direction please.:D

 

Thanks

 

Cheapbangerplease

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  • 3 weeks later...

Hi

 

Just write a letter to them stating that you wish to appeal, you don't need to say anything else in the letter, and then in a few weeks you will get all the information that they have and an appeal date.

 

I suggest that you ask for a ORAL hearing and NOT a paper hearing, most DLA claim refusals are overturned at an oral hearing.

 

There will be 3 people present at the hearing that will ask you various questions about your condition WHEN YOU APPLIED FOR RENEWAL, not how it affects you on the day.

 

If your husband is your carer it will be worth taking him along also on the day, you can also contact your local CAB and speak to a benefit advice person, or someone like welfare rights, benefit angels etc.

 

 

Hope this helps

 

JC

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Any opinions from Jannercobbler are strictly my own and I have no affiliation with any group or services.

 

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