DLA reconsideration

[a2o]

Hi, I had my DLA renewal decision dated 21st August and have lrm and my care was reduced from middle to lrc.

 

I have more night needs due to anxiety and have thought I would like them to reconsider but I am scared they will take the rest of my award.

 

If I have time now, I have left many messages for my support worker but he doesn't return my calls so I am running out of time.

 

What else can I send them and how do I do that? I mean do I write or call and tell them I want to send a supporting letter from someone who knows what I go through? Would that be enough?

 

What is likely to happen? What chance do I stand?

 

I really don't think I can face appealing, the paperwork fine though exhausting but I am socially phobic have anthrophobia and just panic at the thought of being in a room with strangers.

 

I don't think I'm being clear here but I was wondering :-

Is there time

What else to send them

If I request reconsideration do I have to take it to appeal if they refuse? (They removed a layer last renewal and on reconsideration it stayed the same but I didn't know what I was doing and just called to ask them, I didn't know about other stuff.)

 

Hope that makes some sort of sense.

My appreciation for your time.

[sparky514]

I would appeal, because when you do, a more senior DM looks at your claim before it goes to the tribunal, the same happened to me, I had LRC and LRM for a long time, but the last time I renewed I decided to appeal, because my needs where much higher, and to my surprise I was awarded HRC and HRM, without the need to go to a tribunal. So give it a go it may be worth it, good luck in whatever you decide. x

[a2o]

Thank you for the encouragement sparky, so glad you got yours increased.

 

I have a few health issues but my biggest stumbling block is anxiety, I just don't think I could cope with a tribunal.

 

What I was needing was some clarification about the process.

 

If I ask for a reconsideration does that mean I must appeal or can I just request that.

Also what to send as further support, what do they require?

[Lillibelle]

I'm on HRC and HRM,,I had my care increased without needing any furthur reports but each case is different,,I would imagine you would need proof of what has to be done for you at night and by whom,,the questions can seem non sensical and quite intrusive but answer them concisely and get anyone who helps you to write a statement too,Can your GP help,,they may charge for a letter but I'm not sure. Basically they want proof of everything cos if they think you can manage they won't reverse any decisions..the guidelines change so often it's difficult to keep track.. Is there any reason your support worker isn't responding to your mesages? Is there someone else in the support network you can contact? You would only have to face other people if you need a medical or an interview and that will only happen if they deem it so,,you would get plenty of notice.

 

Good Luck

[a2o]

Lilibeile - thank you for your response. I have low rate mobility and currently low rate care. Its's the care that's been reduced.

No, I had to change to a new doctor when I moved last year but I haven't consulted a medical doctor about anything in years. I spent years on all kinds of drugs and had no improvement just couldn't tolerate the drugs anymore. I switched to taking responsibility and am no worse off for it. I use holistic treatments to assist across all my issues.

I really think I didn't phrase my original post well at all and will have to respost as I am getting far away from my needs and only have today to sort things out.

My support worker is part time and only in the office 1 day. He is busy as so many of us need assistance but having said that I have left messages for him over the last 3 weeks, I don't like to keep on, I figure only being in 1 day a message gives him a chance to call when it's convenient for him and he knows I have a live claim but he never calls back and in truth I feel very alone in all this, and very unsupported. Now I am at the deadline and very distressed as I am confused about how and what to do.

I think I should respost. Thank you for your help.

[a2o]

Sorry to repost but I wasn't very clear in my first one.

 

I am at the deadline (28 days?) to do something about a DLA decision. My care rate has been reduced and it's taken me a while to do this due to anxiety.

 

I need to know what supporting evidence to send, what do they want?

But most importantly I need to know if I can ask for a reconsideration without triggering an appeal process?

I have off the chart anxiety and just can't do that but would appreciate information about the 2 issues.

My thanks to you.

[ims21]

Two threads merged...please keep to one thread for this issue

Edited September 8, 2012 by ims21
typo

[estellyn]

Althouigh they can take your award away its very unlikely for the DWP to do it during a reconsideration or appeal - when there is more risk is at Tribunal.

 

You can ask for a reconsideration, and if there is no change you can then ask for an appeal. You can withdraw the appeal in writing at any time before the Tribunal.

 

In your reconsideration detail what day or night needs you have in diary form, ie:

 

2.05am - needed help to get to the toilet and back (10 mins)

 

5am - incontinent in bed, needed help with washing, cleaning and changing bedclothes (20mins)

 

Give them examples of what happens on an average day and/or night. For night time care to be awarded, you need to show that you need assistance at least twice during the night or for at least 20 minutes, or need continual supervision. For daytime care, you need to show that you need frequent help during day at least 5-10 seperate episodes, or that you need continual supervision.

 

If its supervision that you need, then you need to give examples of what happens if you are left alone and what the repercussions are. Also what the pperson with you has to do while supervising you.

[a2o]

Estellyn - hi and thank you for that. I was awarded lrm but in the care component they overturned everything I said and nights are worse.

I don't know many people and I don't go to the doctors unless I have to. I haven't consulted a doctor in years because I found it was all pills which really didn't help and often made it worse, I would be slurry and sometimes make no sense.

I moved a year ago and yet another doctor but only for blood pressure meds, I tried to talk to him when I got the DLA renewal forms and wrote out what things were like because he doesn't know me but he wasn't listening and it was clear he didn't care. (He is a government man though so I doubt we would find much to agree on.)

My point is they seem to need a lot of medical involvement and it's been years since I involved the medical profession because all they have is tranquilisers and you can't have those for long.

What I am asking is would a supporting letter from my sister detailing my night needs be useful?

I am at such a loss as to what else to tell them.

Thank you again for the response, I really do appreciate it.

[estellyn]

Estellyn - hi and thank you for that. I was awarded lrm but in the care component they overturned everything I said and nights are worse.

I don't know many people and I don't go to the doctors unless I have to. I haven't consulted a doctor in years because I found it was all pills which really didn't help and often made it worse, I would be slurry and sometimes make no sense.

I moved a year ago and yet another doctor but only for blood pressure meds, I tried to talk to him when I got the DLA renewal forms and wrote out what things were like because he doesn't know me but he wasn't listening and it was clear he didn't care. (He is a government man though so I doubt we would find much to agree on.)

My point is they seem to need a lot of medical involvement and it's been years since I involved the medical profession because all they have is tranquilisers and you can't have those for long.

What I am asking is would a supporting letter from my sister detailing my night needs be useful?

I am at such a loss as to what else to tell them.

Thank you again for the response, I really do appreciate it.

 

If your sister is the one who cares for you then it can't hurt for her to provide a letter detailing the help she gives on a typicalling night - what help, when, how often, and for how long.

 

I know that in some cases there is little the medical profession can do, but the DWP tend to be more skeptical of severe issues without a lot of GP involvement, or preferably a consultant's involvement. For the future you may want to 'go through the process' so at least your issues are recorded and treatments that have failed are detailed.

[Lillibelle]

I concur with everything Estellyn says,,,the criteria for DLA has changed a lot in recent years,,my own personal circumstances changed radically in one swoop,,I have a long term illness but an accident changed my care needs overnight. Do you live alone? If not,,does your sister help you at night? You will need to document every bit of care you get...not having any medical 'backup' might be an issue,personally I would make contact with your GP,your old notes will be available to him/her so the progression of your illness can be charted. DLA is getting clamped down on and unfortunately it's not down to them to prove your claim,it's down to what you provide that will make the decision.

 

I wish you all luck

 

Lillibelle

[a2o]

Thank you both for your help. I have been worried about the lack of GP involvement but I reached a stage where there was no other help they could offer and the drugs were short term and were unpleasant to be on anyway.

I have problems with anxiety going to the surgery and it just all seemed better to stop wasting the time of overworked health professionals and try to maintain my health with other methods, methods which have proved just as good and without the side effects of drugs. Problem is I can't continue with these without the reinstatement of mrc and I think I don't stand much of a chance without doctor support.

Ironically with the reduction of dla and no longer being able to afford these treatments which have helped across all my issues, I likely will now have to return to 'accepted' medicine to assist me. Not a choice I wanted to make and in the past proved to be either ineffective or adding issues to existing health problems.

My thanks again for all your assistance and information, it has helped.

[Lillibelle]

If you can supply the relevant information re night assistance etc to DWP you might get a revised rate which will enable you to continue not taking prescribed medications,,no DR will make you take drugs that make you feel yucky.If you need help at night,,tell them,,how often,,what for,,etc,,for instance..I am a chronic insomniac and have no choice but to take prescribed sleeping tablets (or I'd never sleep!) BUT I also sleep walk,so my beloved has to be aware of my movements,,and to help prevent an accident I have a 'side' on my side of the bed,so if I try going for a walk I wake him up by moving..it's things like that they look for . By the way,,did they say why they reduced it? how did they decide?

 

Lilibelle

[a2o]

Thank you for that Lillibelle. It's depressing the way they rely on a doctor who has limited ability to help me, psychiatrist years ago was quite nasty to me because I wouldn't stay on the drugs because of how they affected me. I had no where to turn so began to look into other methods and treatments and now prefer them.

I only have the decision letter and on that they have ignored my night time needs. It's worse at night so I can't understand how they now say I need no help at night at all when I have needed help at night for many years. So I don't know why and probably won't as I think the absence of doctor involvement will not help my case at all.

I hate this, I am the expert on my condition, even 3 doctors ago when I had a great GP she didn't know everything or the details because there just never was time or appropriate moments to go into it all but she knew me and my history and it made things easier for us both. Now I don't have a clue who anyone is at the surgery and dread ever needing them again as I don't feel at all safe with them and only registered as I have to take blood pressure/statins meds.

Thank you for all your help, I have appreciated it.

[Lillibelle]

You should definitely write everything down,like you just have,,in a letter to them,,and you need to find a Dr you can trust,,sounds easier than it is I know,,No one knows you like you know you and get the help you need written down,,your sister lves with you I presume,,she can verify your night needs x

[a2o]

Hi again. No my sister doesn't live with me. I'm quite reclusive and don't know anyone outside my sister and mother, my sister also keeps an eye on our mother who has been a widow for some years and she's also a widow herself. Even they don't get the full extent of it and have never been very understanding or supportive.

I am limited with the doctor practices I can go to and I just don't hold out any hope I will find one like my old doctor who 'got it' when something would adversely affect me, she understood and it meant more than I realised at the time now I am in this position.

If they would only hear me but I am a lone voice without support and terrified of more panic as I await their decision.

I am thinking it's better not to try as I am thwarted by anxiety, oh it does complete it's own circle doesn't it.

[Lillibelle]

Ask your sister to write to them detailing what she does for you,I presume she pops in at night? And check if there is a practice nurse at the surgery,,sometimes they have more time than the Drs to get to the bottom of things.x