Delayed DLA Appeal - Help!

Hello.

My Mum just joined here since we’re both in need of help and guidance in our own individual situations. My situation is rather urgent hence am posting under her account. My case right now is due to frustration and cluelessness following a recent visit to the C.A.B. regarding my overall situation and a DLA claim that appears to be in dispute.

OK. The basic history about myself – I am partially deaf in both ears and have been since birth. I have to wear hearing aids. It is a complete loss to high frequencies hence I can’t hear many alarms, cymbals on records and I have never heard a bird sing in my life. I have never had any help or support for this… and I am now 41 years old. Foolish pride meant I tried my best to fend for myself… not easy when one also has a slight speech impairment thanks to the deafness. I find it hard to listen to people in group situations since noise tends to blur whatever I’m supposed to be listening to. Such communication problems have inevitably led to misunderstandings and I have been bullied a fair bit. I cannot use telephones which is frustrating given how so many organisations insist on using them and employment wise, I am technically unemployable in many many positions since I would be regarded as a health hazard. This is unfortunate since I am rather intelligent, well read, like to keep learning new things and constantly keep my brain occupied. Good with my brain, useless with my hands!

I have to depend on my Mum to help in many situations such as phones and shopping etc to try and keep me focused, on an even keel and to prevent any misunderstandings.

Possibly thanks to these problems I also suffer severe depression and am Bipolar. I struggle to find confidence and trust in people. Am rather shy, reclusive and nervy, prone to panic attacks. I have been trying to battle this condition for many years. However, I withdrew from taking medication seven years ago due to adverse effects, so kept away from my doctors about that, trying to fend for myself. It was discovered late last year when I was being tested for a new hearing aid that my entire medical history appeared to have vanished…

I am on JSA and recently placed on the infamous “work programme” which is starting to cause me stress and tension since they seem hellbent on shoving me on some useless placement or scheme that will do me no favours and could be detrimental to my well being. I feel like a puppet being forced to take intelligence tests on maths and english to prove I’m not a liar and that I am numerate and literate which is degrading, and being at their beck and call, it’s far from fun.

Because I have had no support or help relating to my disabilities, I have never claimed any disability benefits simply because I didn’t know about them. So… in April this year I visited the C.A.B. about claiming DLA. They rang the DWP on my behalf and a claim pack was sent to me. I filled it in as best as I could on my own – I used various tips I saw online through your newsletters, such as being accident prone and careless in the kitchen and trying to highlight as best as possible how my problems affect me. I also enclosed a photocopy of my recently awarded certificate of disability from my local council who also granted me a national bus pass complete with entitlement to free local train travel as a result of my disability. The DLA claim date was 15th April and I sent the form some three weeks later. I had a couple of letters saying my claim was being dealt with. I received yet another letter apologising it was taking so long on around July 11th. Then… silence.

Unfortunately, Summer turned into a nightmare for me and my family and many pressing issues took precedence and unfortunately in August as a result of all that, I suffered a breakdown. I returned reluctantly to the doctor who prescribed me anti-depressives, the first time in 7 years I would be taking such medication. I then suffered a couple of extreme panic attacks – the second one had me making an emergency trip to the doctor where I was prescribed some sedatives for emergencies. Meanwhile, the hunt was on to move out. I’ve been living with my Mum for quite some time and it was time to move on, for me to return to living on my own to regain some kind of independence. Let’s just say, living at this address had become intolerable for a variety of reasons involving dodgy neighbours, vandalism etc which was freaking us out.

Throughout all of this, total silence regarding the DLA claim. Eventually, three weeks ago, Mum rang the DWP on my behalf to find out what the hell was going on. She was informed I had been turned down as if we already knew about it. They claimed to had sent us the decision letter on 14th July. News to us – we never received such a letter. Mum instantly insisted on this and that we would appeal. The DWP then tried to fob us off with excuses but Mum got curt with them. Within a day or two, an appeal form arrived. Fine… but what were we appealing against? We hadn’t seen this 14th July decision letter! A copy of that finally arrived a few days later. Nice work of fiction akin to Enid Blyton which totally ignored my hearing disability, turning me down on every point claiming I can do this and that… I’m sure you get the picture.

We decided to return to the CAB. Unfortunately being a small town, they only come once a fortnight so an appointment was booked for November 1st. I went along, explained the situation and was basically told I’d have to appeal, enclose a couple of documents and given a pamphlet to help. Otherwise… that was it. They weren’t gonna help fight on my behalf or anything and I felt rather forlorn, up the creek without a paddle.

That brings us to the present day and joining here for help and advice. I know I will need to get this appeal underway, but what is the best way to go about it? The do’s and don’ts? I’ve looked at some of the documents available here and through many pages of the forums and let’s just say it feels really intimidating and awkward to find the right advice I need in this situation since we’re dealing with making an appeal late thanks to a letter we never received. No doubt the DWP will try and fob us off and insist I make a claim for PIP instead, but this DLA dates back to April… that’s a fair amount of back pay and I feel penalised thanks to something that is not my fault.

I also have good reason to believe I should be claiming ESA and not JSA thanks to my disability. How does one go about making such a claim?

I’m in the process of moving into a flat of my own at the moment, so as you can understand, this is a pretty hectic and stressful time for me. I feel like I’m being swallowed up in quicksand trying to navigate my way through all this DLA and ESA business.

Thank you for your time reading this and I hope I can be given some pointers and guidance as to what to do – and what not to do – right now to try and resolve this situation. PLEASE HELP!

Thank you for your helpful reply Gordon. Much appreciated.

One little snag with the GL24 form. Question 3 about my representative. I intend to have one but as of yet have not got one. It asks for their contact details so what should I write in there?

Thanks in advance.