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DLA claim lost again ...

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Messages: 1 - 12 of 12
  • Message 1. 

    Posted by nicci (U14924603) on Monday, 4th July 2011

    hello i,m new on here my partner had to reclaim for dla as his claim runs out in september .we got there decision back on thursday last week and yes hes lost it again we,ve put in for an appeal straight away again we went through an appeal in 2008 and we did win. but having to go through this all again feels like hell .there reasons for not giving him dla again are so contradicting. they acknowledge my partner has epilespy and has fits and that his needs vary etc but in the next breath its that he isnt at risk of having fits etc ....which is what there reasons were in 2008 . what makes me so mad is that he,s been getting middle rate care and low rate mobility since he was 14 .and hes condition has never changed ..if anything he has more health problems due to the epilepsy such as osteoarthritis which is a direst result of the fits a long story really ......on friday i got intouch with my local labour councillor whos gonna meet us this week and hes willing to to contact out local mp etc dunno if this will help i pray it does ...but my partner is scared he wont win the appeal ....as anyone knows u never get the same 3 people again .does anyone knows what the odds are of winning an appeal etc .....i am my partners carer as he doesnt go out with out having someone with him due to his fits and he has no warnings of the fit coming.you can imagine the impact of losing his dla ........but anyhow has anyone got any tips /ideas /were not giving up without a fight again ....but its so depressing ....

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  • Message 2

    , in reply to message 1.

    Posted by Stephen (U14331013) on Monday, 4th July 2011

    Did you get a Statement of Reasons from the tribunal in 2008? If not, do you know the reasons that they overturned that decision?

    You may be able to use these as arguments for the Reconsideration that the DWP are obliged to do as part of the appeal process.

    It would also be worth looking back through the previous appeal pack to see what evidence was relevant to that appeal and looking to see whether you can provide a more up to date equivalent.

    You probably have 4-6 weeks to get things together for the Reconsideration, from the date you lodged the appeal.

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  • Message 3

    , in reply to message 2.

    Posted by nicci (U14924603) on Monday, 4th July 2011

    hello thanks for the reply ...in 2008 at the appeal there reasons were that they found that he did need supervison through out the day and when going out in public etc ....which gets me me really as they were the reasons he was awarded dla years b4 etc and its never changed ...which was stated in the claim form that he needed someone with him etc while out in public places etc

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  • Message 4

    , in reply to message 3.

    Posted by Stephen (U14331013) on Tuesday, 5th July 2011

    If you actually have the 2008 SOR then you can try and use this as evidence for the Reconsideration, providing you can also show that his needs have not changed this maybe enough to get a decision maker to award in your favour.

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  • Message 5

    , in reply to message 4.

    Posted by Lisa Jane (U14861672) on Tuesday, 5th July 2011

    The other option is to put in a fresh claim. I did this after being turned down the first time rather than appeal. My needs were the same but I hadn't described them well enough the first time round. I got an indefinate award around a decade ago.
    Funny how they first thought I wasn't entitled the first time!
    Obviously doing this will mean that you award will only be backdated from the date of the new claim but for me it was far quicker and less messy.

    Whatever you decide - I wish you well.

    Lisa

    Report message5

  • Message 6

    , in reply to message 4.

    Posted by nicci (U14924603) on Tuesday, 5th July 2011

    thankyou for ur reply ...were hoping it will work ...the fact is since my partner won the appeal in 2008 and he won it due to the needing guidence throughtout the day and needing someone with him while out in public etc ...you see nothing has changed since then he still needs guidence etc ...so were hoping that the fact he won it on them grounds before might help this time ...but what has changed now is that he has been digonosed with osteoarthritis in his right shoulder ..which has only developed since he injured his shoulder during a fit which he had surgery on but never truly fixed the problem .he,s waiting on a date for surgery as we speak so before christmas he,ll be had another surgery to try and repair some of the damge ...the osteoarthritis can,t be fixed or helped at the moment other than with pain relief ....which he,s taking every day . but we have a meeting with our local councillor tomorrow and i,m praying this might do some good too ....

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  • Message 7

    , in reply to message 5.

    Posted by nicci (U14924603) on Tuesday, 5th July 2011

    thankyou for your reply ...my partner deffo wants to appeal ..so now its the waiting game so to speak ...if he doesnt win that appeal then i havent a clue what to do after that ..as i said were having a meeting with our local labour councillor tomorrow and he,s willing to get in touch with our mp to see if she will come on board aswell ...but i,m not a huge fan of hers i,m afraid ..but fingers crossed some good might come of it ....

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  • Message 8

    , in reply to message 7.

    Posted by monic1511 (U1768751) on Tuesday, 5th July 2011

    Hi nicci

    I'd just do an appeal saying I have epileptic seizures and these happen without warning(if true) When in a seizure I need someone to keep me safe as I either collapse in a tonic clonic seizure or wander off in a trance like state with no idea of where I am or what I am doing. include examples - (like the time I sat down in front of the bus and taxis in our local rank) if he has a seizure diary then send it as well.

    Sometimes it just needs a fresh set of eyes looking at the form.

    Report message8

  • Message 9

    , in reply to message 8.

    Posted by Sofie2 (U14259204) on Tuesday, 5th July 2011

    I would also add what happens after - because some people may come around and be confused.

    Nicci - does your partner have any medical evidence that states something along the lines of " has epilepsy, which can't be controlled. The seizures are unpredictable [therefore, it may be reasonable to suggest supervision is needed all day just in case]"

    How does the should problem affect him? Can he cook a meal for one

    To get DLA, the care and mobility needs must be reasonable.

    Report message9

  • Message 10

    , in reply to message 9.

    Posted by nicci (U14924603) on Tuesday, 5th July 2011

    hi thanks for ur reply we sent a dvd with a couple of video clips of him coming out of a fit ....normally after his fit which are grand mal tonic clonic ones he tends to sleep for a number of hours he,ll stir and wake for maybe 20 minutes then he,ll take another fit and then a 3rd one he has no warning what so ever that hes gonna fir and over the years he,s stopped breathing ,hes taken fits on buses,while crossing main roads .in shops causing alot of damage etc ...theres been a handfull of times when hes taken a fit and a while after has actually wandered into the kitchen turning on deep fat fryers ....he once put and electric kettle on a gas stove and turned the gas on then went back upstairs he has letters from doctors saying its poorly controlled however another doctor says something different and the dla are saying its controlled .....and he isnt at risk of fits .crazy i feel but thats what they claimed last time too ....they,ve increased his medication etc too soo i dont know anymore ....had my partner not had myself with him many times i believe he,d either be seriously hurt or even dead as blunt as that sounds ....

    Report message10

  • Message 11

    , in reply to message 10.

    Posted by monic1511 (U1768751) on Wednesday, 6th July 2011

    Hi Nicci
    put those incidents in the appeal letter, I'm not sure the DWP will look at video evidence although I know it was well meant. Doctors do use it.
    Mo

    Report message11

  • Message 12

    , in reply to message 11.

    Posted by nicci (U14924603) on Wednesday, 6th July 2011

    thankyou i,ve sent off my partners appeal today after getting advice on filling it out ..wording it correct ...had a meeting with our local councillor and hes now putting together a letter to send to the disability department also hes hoping to get it signed by the other councillors he works with and hes also sending a letter to out mp and asking her to get involved ...not sure wot else we can do at the moment ....we were told today by the advisor we saw that he,s quite positive my partner will win back his dla ....and he even thinks my partner should be aiming to get a higher amount of dla too as he,s condition isnt gonna get any better and the injurys caused by his epilepsy has now caused health problems for the rest of his life ........but my partner isnt greedy and just wants what hes always been entitled too .......no more no less ...thankyou again xx

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