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elizabeth8459

Appeal

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Hi everyone just wondered if anyone out there has put in an appeal against a decicion for DLA recently, my sister-in-law is currently on the low rate but we appealed when her mum sadly died at the beginning of April as she has unfortunatley regressed, and things are more difficult however we filled in the forms in a big way giving lots of details/information and unfortunatly we have been refused which also puts a dampening on the carers allowance aspect, i just wondered if anyone out there has appealed before and can tell me what to expect.

 

Thanks Lizzie :bounce:

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I (a 24-year-old with Asperger's, living with Mum) appealed my DLA decision, after having had no award given whatsoever, and I won a lower rate award for the care component of DLA. That was about 6 months or so ago.

 

I think the key thing with an appeal is that you need to add some new information that wasn't included in your original form, or submit amended information from the original. I don't think you'll have much success in your endeavours if you don't do this. :unsure:

 

Instead you can ask for the decision to be looked at again (by someone else) - this is different to an appeal as it shouldn't require any additional information to be submitted.

 

If you do launch an appeal, always remember to make sure you describe the situation as it would be on the worst possible day for your sister-in-law - that was the advice I was given. Think "worst case scenario" and put it on the form, so that the DLA people are aware of all possible eventualities.

 

Good luck. :pray:

 

James

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Gordie's advice is spot on. It is not unusual to be turned down for DLA - they do this as most people shrug their shoulders and just accept it!

 

DON'T!

 

Either ask for it to be reviewed or appeal. Then, as Gordie says, it is worst day scenario on everything. Do not attempt to lie (they'll catch you out). Just tell it like it is the day from hell. Another tip is, in the box where they ask this, is to agree to a visit from one of their Medical assessors,BUT!!!! at this point put down that said assessor MUST be ASD trained (or at the very least aware)!!!

 

 

Hope that helps

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We had a visit from a medical assessor and it went fine, in fact I think this helped us to secure the higher mobility rate for my daughter.

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i didn't get any mobility and I was too afraid to appeal - I got middle rate care for my lad - but to be honest - the mobility is a big problem with him running out into the middle of traffic when he is frightened by the noises.

 

I was told that if I appealed, I would probably lose my care element and I was so grateful, I said nowt. This was over a year ago - without me going to look it up - can I reapply for Mobility or can I apppeal the current award and ask them to re-visit mobility?

 

Sorry for the questions but it has been one of those things that I should have attended to a long time ago.

 

Best wishes

 

HelenL

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We have just applied for mobility for our 10 year old son. He was awarded middle rate care on it's own last year. When we asked to apply for mobility they said we only needed to fill in the forms to look at mobility again. Although they say they can look at the whole award I have been told that if care needs have not changed I do not need to fill in the care part of the forms and to just ignore them. It's worth a try.

 

Good Luck

 

Denise 2

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helenl53: As it's been over a year since you initially applied for DLA, you won't be able to appeal your current award now, as this has to be done within one month of the decision being made (unless there are "special circumstances", which there don't seem to be in your case).

 

So you'll have to take denise2's advice, and fill in the parts of the forms that relate to the mobility component of DLA again.

 

James

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Hi eveyone thankyou very much for your replies, we are just so woried about appealing incase the low rate she already gets, is also taken away from her, all we want is the middle rate as if im right in thinking you can then get carers allowance which would help me then, good luck Helen filling in those damn forms again, best advice i have for this is speak to a friend who has recently been awarded the middle rate or higher rate as they will know what to put down, or go along to Citizens Advice Bureau they will also help,ive been told to go to CAB with help for my appeal forms is there anyone else who knows of any other organisations to help- with this? thanks guys

 

Lizzie x x x

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... all we want is the middle rate as if im right in thinking you can then get carers allowance which would help me then ...

This is correct ...

 

"someone caring for a person who is awarded the care component at the higher or middle rates can qualify for Invalid Care Allowance"

(taken from the National Autistic Society's web site, on the following page: http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=300&a=3330)

 

James

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Hi Just a little message from elizabeth8459, She put in the "look at the decision again" paper and got her MP to write a letter in the end and they got the decision overturned to highest rate from lower rate for care. The mobility stayed the same. I am writing this on her behalf as she would like you to know this as she has gone away on a well deserved holiday today. The letter came this morning and she can now relax knowing that she does not have to live on"thin air" anymore as she can claim carers allowance. What great news hey. She says thanks and will tell you all about it when she gets back.

 

clair on behalf of elizabeth 8459 >:D<<'> B):thumbs:

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Great news, never be scared to appeal, I was for way to long, welfare rights can attend with you on appeals and citizens advice can also be helpful

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Thanks guys and clair for filling in for me when i was away on holiday ahhhhhhhhhhhhh the Turkish sun ahhhhhhhhh but im back now to reality at that ,with more paper work than ever ( ps if anyone has a Social worker ask them about a company called take a break they will take people with disabilites out for 2 hrs a week to give the carers a break) i appealed the disision as Clair said if you do guys try and get the Mp involved that is what we had to do to get a good response. My sister in law is now gone from the low rate personal care to the higher rate a well deserved higher rate at that, i never thought i would see the light at the end of the tunnel we are slowly seeing a flicker now. Its been a nightmare thanks guys see you soon x x x x x x x x xElizabeth x x x x :clap:

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