Appealed Low Care DLA - ** WON **

[Laura Cooke]

Applied for DLA in January for daughter with mental health (depression) she left work 8 months previous. Turned down asked them to look at claim again awarded low care, low mobility appealed again said expected middle care as fit the criteria.

 

Daughter then diagnosed Bipolar 1 let DLA know 11 week after appeal against low care DLA wrote and said she had been turned down all they are relying on is the ESA 20 minute computer interview. They not took much note of the very informative claim, they not asked GP or Psychiatrist at mental health.

 

In my opinion they not seriously considered the appeal as they have made no attempt to investigate things further to substanciate what we have put on the application/appeal. They relied on the original application form to do a u turn to award low care and low rate mobilty had they thoroughly looked at it they would have come to the conclusion that my daughter qualifies for middle care.

 

Would contacting my MP help or would we just have to go through the system to a tribunal?

[MIKEY DABODEE]

so is she getting Low Mob and Low Care now, or have they taken this away?

[Nystagmite]

The tribunal is based on how the claimant was at the time the form was filled in. DLA is based on care and /or mobility needs and not diagnosis.

[Laura Cooke]

Yes understand that diagnosis will make no difference, yes she received low care/mobility after no award at all then after taking advice appealed against the low care nothing taken away from what I can see just turned down the appeal they say she only needs around a hour a day supervision which is way off what time I spend with her, she will do nothing she spends all day in nightclothes, I take meals some times she eats them some times she does not. She forgets her medication and a few months ago was quite poorly as they had to mess around with the dosage because she had missed doses.

 

She will do nothing without prompting, she sleeps on the sofa, it is anightmare to get her to have her hair washe dlet alone get it cut she is so challenging, I am hoping when they start tgese 3 lots of new medication that she will improve. I have had to take control over her mail and bills as she was unopening them and leaving them in a draw.

 

She as piled a few stone on due to barely leaving the home she sits with blinds shut it males me depressed never mind her, she as no friends at all she never made any at work it`s very sad/ She lost touch with people from school and she never goes anywhere to meet anyone. I have numerous confrontations with her about wearing the same hooded top if we go anywhere even when it`s been hot she simply tells me she is cold this cannot be right

[MIKEY DABODEE]

this page seems to have a lot of info on

 

http://www.disabilityrightsuk.org/f23.htm#frequent

[Laura Cooke]

Thanks Mikey read that this morning

[Nystagmite]

There is something about being able to discredit evidence. You can't just say their evidence is wrong - you must prove it by sending in your own evidence,

[Laura Cooke]

In the 11 weeks we have been waiting of a decision I could have got something off GP or Psychiatrist at Mental Health, was told this didn`t matter at this stage of the appeal and that I did not need to go into great detail.

 

Just noticed on their decision notice they saying she gets low care to see to her bodily functions we never implied this weird

[RaeUK]

... DLA wrote and said she had been turned down all they are relying on is the ESA 20 minute computer interview ...

 

Just out of interest, Laura, do you know this to be a fact? Is it something they wrote to you and said they were doing? I'm curious as they are two seperate benefits and are usually treated as such ...

[Nystagmite]

Some of the criteria do overlap slightly. Although, it's more specific on ESA.

[Laura Cooke]

Hi Rae

 

It shows in their decision they relied on the application and what ESA Nurse said, Unemployed Workers Centre told me they often do go on your ESA report for DLA they more or less said they relate to the info in your ESA claim and if you are succesful in ESA claim they look at the info there to then award DLA. DLA have enclosed my daughters ESA report from the nurse in the paper work they have sent back telling my daughter her appeal as been unsuccesful for middle rate care

[Nystagmite]

You need to get evidence stating why your daughter meets the criteria for MRC. There is quite a jump from LRC to MRC. I just miss out on MRC, apparently.

[Laura Cooke]

My husband gets high rate care and he did not even go to the tribunal I represented him. Yes it is a jump but in my opinion she qualifies I just wish I had got something from her GP and Phsyciatrist before I sent the appeal in. Did you go to tribunal to get MRC. I have been to a few tribunals and have come away with success admittedly not always easily. With rules and changes I am a bit rusty and always look for guidance on here it is this site that as educated me so well and I am so grateful for that

[RaeUK]

Ok, thanks for that, Laura. I had heard rumblings that, although they are two seperate things for two seperate purposes, they were beginning to swap info more and more. When you're formulating your appeal / complaint about this, it is worth noting that the 'medical' for ESA is not a medical at all and should not be used or interpreted as such. It is a Work Capability Assessment. A different beasty completely. It also provokes other questions. What do DLA do if you don't get or apply for ESA? If you're in full-time work, for example. Refuse it? ...

 

I've finally completed my DLA application form tonight, ready to post tomorrow. Can't wait to see what they come up with. I've been on the ESA assessment rate for nearly four years now ...

[Nystagmite]

I don't get MRC. I have been to tribunal twice and managed to get insulted at tribunal both times...

 

Good luck, Rae. I'm about to send mine off too.

[Laura Cooke]

I have gone on behalf of 3 people who have not attended my welfare rights officer said I would not get a result but each time I have. I share notes with organisations they help me I help them again most I have learnt off here other place can I mention (Benefits and work) I am arthritic I get DLA, I am deteriorating just back from the hospital they want to operate on my knee said I will think about it, I lost my sister 2 years ago this August to a similar condition I have so a bit dubious about surgery. I was insulted at tribunal many years ago a lady on the panel was disabled herself she was a magistrate she was quite rude but I got the result.

 

It is wrong Rae for DLA and ESA to swap notes I have wrote to my MP today to say it`s a cost saving exercise nothing else as they have not read the application thoroughly nor have they attempted other means of satisfying themselves as to my daughters condition they could have wrote to her GP, Psychiatrist, or send a MEP. What are they saving though? as biggest majority that go to appeal win so what`s the appeals costing.

 

I took a few bank charges cases to court for people and won too, again all information gathered off here, we a lucky bunch to have this site some great people running it who have been a god send to me at times.

[Nystagmite]

They only write to GPs, etc. if they require more information. They do sometimes use their own "medical services".

 

Have you made sure that your daughter meets the criteria for MRC? I was told last year that I'm in between. I am hoping now that I do meet the criteria for MRC.

[Laura Cooke]

Well all we have looked at she meets it as others looked at the claim and wrote on the appeal that the claim indicated she secures MC they originally gave no award then on appeal gave LC/LM we appealed the LC strange how they supposedly look at claim and award nothing and then relook at it and give something, in my opinion they don`t really thoroughly read the claim and in this case they have just gone on the 20 minute work capability test results

[Nystagmite]

I think someone else looks at it.

[sparky514]

When you send in an appeal your claim is looked at again by a more senior DM, and they can change the award if they think you fit the criteria, that's what happened to me, went from LRC and LRM to HRC and HRM, without going to the tribunal.

[Laura Cooke]

Sparky I am off to the coast soon will try and gain access to internet are you saying when we send this appeal in against the decision not to give MC it will be looked at again to maybe avoid the tribunal? My MP is a good friend he rang me from London this morning I am with him next week down London will him intervening make any difference? I thought once it had been looked at that anything else was exhausted till you had your say at a tribunal, and as I have said previously if it is a cost cutting exercise it does not always save money turning people down as on appeal majority win. Thanks Sparky for your input it as been a long time since you have been on one of my threads appreciate it

[Nystagmite]

Yes, it is looked at to avoid tribunal. If the decision isn't changed, it's off to tribunal. I've had that happen before - awarded nothing and appealed. 3 months later, I received a letter telling me that I've been awarded lrc / lrm and there would be no tribunal.

[sparky514]

You're welcome Laura, like I said the reason I know it is looked at again by a more senior decision maker is because that's what happened with my claim. Did you appeal using the GL24 form? Enjoy your trip to the coast, hope the weather is nice for you, take care.

[Laura Cooke]

Thanks Sparky/Nystagmite just got a dongle (lol didn`t know what one was till daughter in law told me) great to be on line from the coast which is glorious weather. Saga goes like this awarded nothing appealed awarded LC/LM appealed again on GL24 against LC daughter fits criteria in our opinion of MC, 11 week later letter comes says MC tunred down to remain on LC/LM. So next step now? let my MP know as seeing him in London next week. And sent copies of all paper sent back from DLA inclusive of ESA report they sent onto Unemployed Workers Centre, so now we wait to either get a tribunal date or someone taking yet another look to turn decision around?

[Nystagmite]

Those papers mean it goes to tribunal.

 

Do you have evidence explaining why your daughter meets the criteria for MC?