Appealing DLA Decision Help Needed Please


S

suzywoo

I have been receiving dla for the past 8 years, and for the first 6 years it
was reviewed and awarded on a yearly basis with no changes in rates. Then on
the 7th year of filling out the forum because of changes in certain
questions and the fact i don't like to be always putting the worst down
about myself, i decreased a couple of answers about how long for by 5 to 10
minutes, as from what i can remember from the previous forums that being the
only difference, i know stupid mistake. I then got my letter back finding
my personal care being decreased from high to middle but instead of
receiving it for only for 1 year it was 2, this time around i made sure to
fill it the same as i had done on the previous 6 and after receiving the
letter it is still on middle but now back down 1 year again.My condition has
not changed since i first applied if anything it has slightly got worse,
i am seriously thinking of appealing this decision because it really puzzles
me but the fear of it being decreased again is putting me off. I was
wondering if anyone has had similar experiences or any advice on what i
should do? Also if i do appeal will the result be sent by letter or would i
have to go to a hearing or a doctor's visit and if anyones know what the
percentage rates is on increases, decreases or it staying the same from
appeals. Thanks in advance for any replies..
 
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P

Pat Winstanley

I have been receiving dla for the past 8 years, and for the first 6 years it
was reviewed and awarded on a yearly basis with no changes in rates. Then on
the 7th year of filling out the forum because of changes in certain
questions and the fact i don't like to be always putting the worst down
about myself, i decreased a couple of answers about how long for by 5 to 10
minutes, as from what i can remember from the previous forums that being the
only difference, i know stupid mistake. I then got my letter back finding
my personal care being decreased from high to middle but instead of
receiving it for only for 1 year it was 2, this time around i made sure to
fill it the same as i had done on the previous 6 and after receiving the
letter it is still on middle but now back down 1 year again.My condition has
not changed since i first applied if anything it has slightly got worse,
i am seriously thinking of appealing this decision because it really puzzles
me but the fear of it being decreased again is putting me off. I was
wondering if anyone has had similar experiences or any advice on what i
should do? Also if i do appeal will the result be sent by letter or would i
have to go to a hearing or a doctor's visit and if anyones know what the
percentage rates is on increases, decreases or it staying the same from
appeals. Thanks in advance for any replies..
Just a thought, but making out your needs are less than they actually
are is not going to help your claim.

Did you, by any chance, take and keep photocopies of the forms (that
resulted in the high care decision)?

Remember that even if you can't get to a 'KwickPrint' or whatever
franchise, most people who have bought a home PC over the past 2 or 3
years (probably a large proportion of your neighbours) will have
acquired a 'free' scanner and 'free printer' in their package, and can
probably scan and print copies for you, or temporarily lend you the
kit/software for you to do so for yourself in privacy.
 
T

Ted Hutchinson

Comprehensive advice on appeals can be found at
http://www.benefitsandwork.co.uk/benefits/guides/dla/dla_appeals.htm

Deciding which level of care is appropriate and determining the length
of the award can only be done on the evidence you provide.
If you shorten the amount of time you need for care you give the
impression either that your condition is improving or or ability to
cope with it's disabling consequences has improved. If either
improvement has occured it is reasonable for the DM to consider
further improvement may be expected thus giving a shorter award
period.

However distasteful it is for anyone to provide fully in graphic
detail the frequency and duration of our need for care/supervision
with bodily functions it has to be done to enable the DM to accurately
assess the appropriate care level.

You can ask for a copy of your previous claim form to make completing
the new one easier. I suggest you may like to download a spare claim
form from
http://www.dwp.gov.uk/advisers/claimforms/dla1a_adult_print.pdf
and using this to prepare answers which you can then get checked
quickly by an experienced professional welfare rights worker. It is
easy to phrase answers in ways which may be open to misunderstandings
and also it is possible to misunderstand what the question is actually
requiring you to answer.

The percentage rate of increases from revisions/appeals is available
from the Statisitics office, I'll look for the link later but busy
this morning. Roughly less than 10% are changed prior to appeal, So
simply asking for a reconsideration is a waste of time, before the
appeal papers are prepared the DBU do a reconsideration anyway so the
claimant requesting one simply delays the process for 3 months.
Failing to attend the appeal is also pretty much a waste of time. I
think the odds are around 20% of paper hearing (where the claimant is
n't present) being awarded.
If you attend the hearing the odds are definitly in your favour with
the more than 50% of cases being won by unrepresented claimants and
over 60% if they have with them a professional or experienced welfare
rights worker. Attending an appeal, whether on your own or represented
while not a pleasure isn't as distressing or challenging as you may
imagine. On the whole claimants report back saying they were given the
chance to explain their needs and how their condition affects them.
Appeals are almost never confrontational so providing you know you
meet the criteria and you are not exaggerating your needs or walking
ability you should have no fear.
However it does make it easier for the panel and for yourself if you
can get good medical evidence which supports your claims.
The claiming dla guides at the above link do give detailed guidance on
getting the best from your health professionals.
 
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T

Tim

suzywoo said:
I have been receiving dla for the past 8 years, and for the first 6 years it
was reviewed and awarded on a yearly basis with no changes in rates. Then on
the 7th year of filling out the forum because of changes in certain
questions and the fact i don't like to be always putting the worst down
about myself, i decreased a couple of answers about how long for by 5 to 10
minutes, as from what i can remember from the previous forums that being the
only difference, i know stupid mistake. I then got my letter back finding
my personal care being decreased from high to middle but instead of
receiving it for only for 1 year it was 2, this time around i made sure to
fill it the same as i had done on the previous 6 and after receiving the
letter it is still on middle but now back down 1 year again.My condition has
not changed since i first applied if anything it has slightly got worse,
i am seriously thinking of appealing this decision because it really puzzles
me but the fear of it being decreased again is putting me off. I was
wondering if anyone has had similar experiences or any advice on what i
should do? Also if i do appeal will the result be sent by letter or would i
have to go to a hearing or a doctor's visit and if anyones know what the
percentage rates is on increases, decreases or it staying the same from
appeals. Thanks in advance for any replies..

Shut the **** up!You are lucky you are getting help someof us arwen't.
 

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