DLA - review. appeal or try again?


T

tiresias

I receive DLA lower rate care component and I asked for the award to
be looked at agin because my chronic condition had deteriorated. My
partner filled the form in for me and the Decision Maker's decision
was to keep it at the current rate.

I have asked for the decision to be looked at again with a view to
sending in supporting evidence of my enhanced care needs.

I have since spent some considerable time reading the copy of the DLA
form that was sent in and also looking at various guides to filling in
DLA forms.

I now realise that the DLA form was filled in badly and missed out a
huge amount of information concerning my disabilities and needs for
attention and supervision.

I am uncertain as to whether I can send in all those extra details
which would amount to a new forms worth of information or whether I
can only ask for them to look again at the information that was given
in the latest DLA application?

Should I abandon this latest application and instead fill in a new
application asking for them to look at my circumstances again?
If so when can I apply again for a look again?

Advice and information would be welcomed.
 
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T

Ted Hutchinson

I now realise that the DLA form was filled in badly and missed out a
huge amount of information concerning my disabilities and needs for
attention and supervision.

I am uncertain as to whether I can send in all those extra details
which would amount to a new forms worth of information or whether I
can only ask for them to look again at the information that was given
in the latest DLA application?
It is my view that asking for a reconsideration is a waste of time and
energy. Only 9% of DLA awards are changed before appeal whereas around
70% of appeals attended by both claimant and a representative will be
changed in the claimants favour. It is also the case that should you
ask for an appeal, before the DBU submission papers are prepared, a
reconsideration is undertaken anyway, so your asking for a submission
only duplicates a process which will occur anyway.

Any new information relating to your care needs or mobility AT the
time of the claim or EMP visit can and should be presented to the
Decision Maker as soon as possible. It is the stated policy to end
disputes early when there is good cause to do so. If this further
detail would be discussed at the oral hearing in answers to questions
put to you by the panel then it is reasonable that the Decision Maker
should also have the benefit of this information. You must however
ensure that this information doesn't amount to a worsening of your
condition since your original claim. If it does then all you are doing
is establishing that the original decision was correct and a new claim
is needed. You need to present this further information as a
clarification of you initial claim form and confirm that it relates to
your condition, your care needs and your walking problems at the time
of your claim and if possible get it confirmed by your health
professionals/care providers.

If you haven't done so already you should ask for a copy of the
medical evidence used by the Decision Maker. The guide to appeals at
http://snipurl.com/guides is useful as is the list of Welfare Rights
providers http://snipurl.com/wrhelp If you need further information
about how the law relating to care needs or mobility is interpreted
the digest of decisions here will help
http://www.disabilityalliance.org/digest.htm
the first part of this digest shows you how to find these decisions.
 
T

tiresias

It is my view that asking for a reconsideration is a waste of time and
energy. Only 9% of DLA awards are changed before appeal whereas around
70% of appeals attended by both claimant and a representative will be
changed in the claimants favour. It is also the case that should you
ask for an appeal, before the DBU submission papers are prepared, a
reconsideration is undertaken anyway, so your asking for a submission
only duplicates a process which will occur anyway.
The DLA form was not filled in enough detail and so perhaps when the
information is expanded in ways comprehensible to the DM and the
handbook I may get an amenable result. I will give it a go anyway.
Any new information relating to your care needs or mobility AT the
time of the claim or EMP visit can and should be presented to the
Decision Maker as soon as possible. It is the stated policy to end
disputes early when there is good cause to do so. If this further
detail would be discussed at the oral hearing in answers to questions
put to you by the panel then it is reasonable that the Decision Maker
should also have the benefit of this information. You must however
ensure that this information doesn't amount to a worsening of your
condition since your original claim. If it does then all you are doing
is establishing that the original decision was correct and a new claim
is needed. You need to present this further information as a
clarification of you initial claim form and confirm that it relates to
your condition, your care needs and your walking problems at the time
of your claim and if possible get it confirmed by your health
professionals/care providers.
Right thank you, I will present the information making it plain that
it is a case of clarification, expansion and explanation of the
conditions and subsequent disabilities described inadequately in the
DLA form.

I would have to ask my GP, GPs' nurse or my hospital consultant for
medical back up however I wonder whether the GP would provide a
supporting letter without getting a few quid. I can send my latest
blood test results which confirm the existence of my diagnosed
conditions and their seriousness.

I can get my informal carer, my partner, to write confirmation of the
facts but wonder if that is worth bothering with as it is not from a
paid professional carer.

I will try my GP, opening it up with a request for a DS1500 as I have
a chronic terminal condition and I am heading towards end-stage if I
am not already there, and if he prevaricates on that ask about a
supporting letter instead.
If you haven't done so already you should ask for a copy of the
medical evidence used by the Decision Maker. The guide to appeals at
http://snipurl.com/guides is useful as is the list of Welfare Rights
providers http://snipurl.com/wrhelp If you need further information
about how the law relating to care needs or mobility is interpreted
the digest of decisions here will help
http://www.disabilityalliance.org/digest.htm
the first part of this digest shows you how to find these decisions.
I have asked for a written explanation of the decision and received
this but I have not asked for the medical evidence, should I ask for
this specifically or would that be covered in the written explanation?

Thank you for your help and advice.
 
T

Ted Hutchinson

Right thank you, I will present the information making it plain that
it is a case of clarification, expansion and explanation of the
conditions and subsequent disabilities described inadequately in the
DLA form.
In my view you should be asking for an oral hearing and making it
clear this further information is being provided to enable the
reconsideration which you understand takes place prior to preparing
the appeal papers, to take account of the omissions in your claim
form.

You need to ask specifically for a copy of the medical reports used by
the Decision maker as sometimes these contain inaccuracies and if say
your consultant/gp/ or the visiting EMP have not fully understood your
care needs or walking problems, you may need either to provide
alternative medical opinions or ensure your gp/consultant are properly
informed and hopefully prepared to write a further letter
correcting/updating the misleading information they previously
supplied.

If for example you GP has stated you have no need for care at night
and this was based on a misunderstanding of your needs, simply asking
for another report without knowing his understanding is fundamentally
flawed, could mean a further inaccurate report, confirming the
previous inaccurate report was issued. So you need to know how the
Decision Maker was misinformed and if medical reports used contain
errors which need changing before you can properly address these
points.
 
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T

tiresias

In my view you should be asking for an oral hearing and making it
clear this further information is being provided to enable the
reconsideration which you understand takes place prior to preparing
the appeal papers, to take account of the omissions in your claim
form.

You need to ask specifically for a copy of the medical reports used by
the Decision maker as sometimes these contain inaccuracies and if say
your consultant/gp/ or the visiting EMP have not fully understood your
care needs or walking problems, you may need either to provide
alternative medical opinions or ensure your gp/consultant are properly
informed and hopefully prepared to write a further letter
correcting/updating the misleading information they previously
supplied.

If for example you GP has stated you have no need for care at night
and this was based on a misunderstanding of your needs, simply asking
for another report without knowing his understanding is fundamentally
flawed, could mean a further inaccurate report, confirming the
previous inaccurate report was issued. So you need to know how the
Decision Maker was misinformed and if medical reports used contain
errors which need changing before you can properly address these
points.
T---I have spoken again with the DLA people and they have sent another
form for me to clarify the poorly completed previous application. I
have also contacted a disabled peoples' organisation and have been
referred to a welfare rights advisory service.

As this will take some time I am keeping the look at it again option
running with a view to taking things up with the welfare rights
advisor once he or she is on the case.
 

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