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Adding additional info for DLA claim.
- Lydia
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11 years 10 months ago - 11 years 10 months ago #108990 by Lydia
Adding additional info for DLA claim. was created by Lydia
Hi All
My husband was turned down initially for ALL DLA payments, which we really couldn't understand as he has syncopy, asthma, heart problems, allergies (on Epipen) which make him pass out etc. I'm afraid to leave him alone in the house in case he has an episode. He has asked for the DLA to be looked at again & we're still waiting.
He has had problems with his knee that also meant he could hardly walk - less 20m. He's been having physio but it's getting worse rather than better as his other leg is now also playing up. He's been like this nearly a year now. Went to see the boss of physio unit a few days back & she suggested we go to the Red Cross for a wheelchair loan for him. I think this was after I was so frustrated that she'd pulled the MRI requested by the doctor, back until she saw him again. Basically at the moment I'm frightened to leave him alone (left him a few times just to do quick shops for just 1-2hrs and he twice had a spell whilst cooking, the house was blue with smoke & the one worktop was smouldering - this has happened twice) and both of us are now virtually housebound.
Since the main physiotherapist is now suggesting he gets a wheelchair, to enable him to come out with me - although I have bad arthritis in both shoulders & hands - should we tell the people at DLA this? Is it sufficient to telephone them with the new information?
My husband was turned down initially for ALL DLA payments, which we really couldn't understand as he has syncopy, asthma, heart problems, allergies (on Epipen) which make him pass out etc. I'm afraid to leave him alone in the house in case he has an episode. He has asked for the DLA to be looked at again & we're still waiting.
He has had problems with his knee that also meant he could hardly walk - less 20m. He's been having physio but it's getting worse rather than better as his other leg is now also playing up. He's been like this nearly a year now. Went to see the boss of physio unit a few days back & she suggested we go to the Red Cross for a wheelchair loan for him. I think this was after I was so frustrated that she'd pulled the MRI requested by the doctor, back until she saw him again. Basically at the moment I'm frightened to leave him alone (left him a few times just to do quick shops for just 1-2hrs and he twice had a spell whilst cooking, the house was blue with smoke & the one worktop was smouldering - this has happened twice) and both of us are now virtually housebound.
Since the main physiotherapist is now suggesting he gets a wheelchair, to enable him to come out with me - although I have bad arthritis in both shoulders & hands - should we tell the people at DLA this? Is it sufficient to telephone them with the new information?
Last edit: 11 years 10 months ago by . Reason: tick
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- Gordon
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11 years 10 months ago #108995 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Adding additional info for DLA claim.
Lydia
Taking your post as is.
The problem you appear to have is that the deterioration in your husbands condition, in particular in regard to his walking, occurred after the original Decision on his DLA claim was made, as a consequence it can not be considered in regard to any Reconsideration or Appeal that you are making. Both the DWP (Recon) and Tribunal (Appeal) can only consider your husbands condition as it was at the time of that original Decision.
Our normal recommendation would be for you to consider making a new claim for DLA based on your husbands current condition, but as previously discussed, this is no longer an option, although you can make a new claim for PIP. I would suggest you have a look at our PIP Claim guide to give you some idea as to how successful you might be.
www.benefitsandwork.co.uk/help-for-claimants/pip
Any claim for PIP, successful or not, will limit any award from his appeal, so you need to factor this into any decision that you make.
Gordon
Taking your post as is.
The problem you appear to have is that the deterioration in your husbands condition, in particular in regard to his walking, occurred after the original Decision on his DLA claim was made, as a consequence it can not be considered in regard to any Reconsideration or Appeal that you are making. Both the DWP (Recon) and Tribunal (Appeal) can only consider your husbands condition as it was at the time of that original Decision.
Our normal recommendation would be for you to consider making a new claim for DLA based on your husbands current condition, but as previously discussed, this is no longer an option, although you can make a new claim for PIP. I would suggest you have a look at our PIP Claim guide to give you some idea as to how successful you might be.
www.benefitsandwork.co.uk/help-for-claimants/pip
Any claim for PIP, successful or not, will limit any award from his appeal, so you need to factor this into any decision that you make.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lydia
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11 years 9 months ago - 11 years 9 months ago #109169 by Lydia
Replied by Lydia on topic Adding additional info for DLA claim.
Hubby has been turned down for ALL DLA - no reasons given. We now have the right to appeal to an Independent Tribunal.
They say they used the following information :-
Info from claim form
A medical report they asked for.
Other info sent to them.
Should we ask for a written statement of reasons and then ask to be seen by an Independant tribunal?
We just both feel like prisoners in our own home. I'm afraid to leave him alone and we are limited on where we can go - can't afford to go on car drives. We did hire a wheelchair from the Red Cross but this costs £7 a week and they were very reluctant to let us have this for their limited time of 8 weeks - they made us sign a disclaimer as he has some shoulder problems & I have severe shoulder problems. They suggested we went to motability for an electric one - Catch 22 - motability only deals with people awarded DLA!
We live in the area that Docs have been forbidden to write letters to DLA for patients. Haven't been to see citizens advice yet - just wondering what the hell we can do to prove that we really need & should have DLA? No blue badge so am limited as to where I can take hubby - definitely nowhere where there are hills or inclinations of any size & what is South Wales famous for - mountains everywhere!
Never get to see the same doctor without waiting at least 4-6 weeks for the privilege. We were both feeling depressed before but this has put the top hat on it.
As for putting a new claim in for PIP - Hubby met the criteria for full mobility when he initially put in the claim (could walk less than 20m) since then he's been trying/doing the exercises the physio suggested BUT although his one leg is stronger, it still clicks and grinds and hurts him a lot, so he hasn't at any time been able to walk further than 20m. Because it's taken so long, his other leg is also now giving him problems as he's been using that to compensate.
Just don't know what to do now - HELP!
They say they used the following information :-
Info from claim form
A medical report they asked for.
Other info sent to them.
Should we ask for a written statement of reasons and then ask to be seen by an Independant tribunal?
We just both feel like prisoners in our own home. I'm afraid to leave him alone and we are limited on where we can go - can't afford to go on car drives. We did hire a wheelchair from the Red Cross but this costs £7 a week and they were very reluctant to let us have this for their limited time of 8 weeks - they made us sign a disclaimer as he has some shoulder problems & I have severe shoulder problems. They suggested we went to motability for an electric one - Catch 22 - motability only deals with people awarded DLA!
We live in the area that Docs have been forbidden to write letters to DLA for patients. Haven't been to see citizens advice yet - just wondering what the hell we can do to prove that we really need & should have DLA? No blue badge so am limited as to where I can take hubby - definitely nowhere where there are hills or inclinations of any size & what is South Wales famous for - mountains everywhere!
Never get to see the same doctor without waiting at least 4-6 weeks for the privilege. We were both feeling depressed before but this has put the top hat on it.
As for putting a new claim in for PIP - Hubby met the criteria for full mobility when he initially put in the claim (could walk less than 20m) since then he's been trying/doing the exercises the physio suggested BUT although his one leg is stronger, it still clicks and grinds and hurts him a lot, so he hasn't at any time been able to walk further than 20m. Because it's taken so long, his other leg is also now giving him problems as he's been using that to compensate.
Just don't know what to do now - HELP!
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #109171 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Adding additional info for DLA claim.
Lydia
Looking back at your previous posts it is now more than two months since the Decision on your husbands DLA claim, so you are now outside the normal one month for lodging an appeal.
It may be possible to still make a Late Appeal but you will now have to provide Good Cause as to why your appeal is late, which may not be accepted.
If you intend to appeal then you should have a look at our DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs
How to submit an appeal
DLA medical – what forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Looking back at your previous posts it is now more than two months since the Decision on your husbands DLA claim, so you are now outside the normal one month for lodging an appeal.
It may be possible to still make a Late Appeal but you will now have to provide Good Cause as to why your appeal is late, which may not be accepted.
If you intend to appeal then you should have a look at our DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs
How to submit an appeal
DLA medical – what forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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