DLA

[MaryTH]

Hi all has anybody had problems getting DLA. I had help filling in the forms but have now been turned down. I have to appeal the decision within a month. The person helping me just advised me to call them and they would look at it again. I thought as he is a welfare officer and he submitted the forms that he would appeal for me. Advice would be appreciated.

[Deejojo]

Hi Hun why did they turn u down ??? I've been on dla for a few years but that has now changed to pip which I got in April I hope u get sorted please get as much info as you can ie from gps and any consultants u see at hospital

I'll keep my fingers crossed for you.🙏🏻x

[MaryTH in reply to Deejojo]

Thank you for yr reply. I have been on the lowest rate DLA for about 4 years. I am over 65 so I will not have to go onto pip. I gave all the info that I had including all the appoint letters. I might see my GP, although she is new to me, and see if she can help.

[Deejojo in reply to MaryTH]

If you have been getting it for 4 years why have they taken it off you sorry I'm a little confused x

[MaryTH in reply to Deejojo]

Thank you, I like the "fingers crossed" mine already are unfortunately x

[frechfield]

Hi. Sorry to hear you were turned down for pip. You now have to ask the DWP for a mandatory reconsideration. If that fails you then have to go for appeal. Good luck.

[MaryTH]

No they haven't taken it off me, thank goodness, the advice I was given was to get it increased. At the moment I get the lowest rate of one component but I need much more help now with showering, dressing and cooking x

[flow4]

I am confused Mary - two of your statements seem to contradict each other... On the one hand you say you "have now been turned down"; on the other, you say "they haven't taken it off me, thank goodness, the advice I was given was to get it increased". Can you explain a bit more please?

Also, a couple of questions - The rules are very different depending on your answers... Can you please confirm whether you were under 65 on 8 April 2013? And your *old* DLA claim will probably have had an end date; what was that?

[MaryTH]

Thank you. My apologies, I confuse myself sometimes. I was on the lowest rate of DLA with no care component. I was advised to claim for Middle/Higher rate and Care. I am 68 yrs old. I now need much more help with showering, washing my hair, cooking etc. My daughter has been doing most things for me but she had open shoulder surgery 2 weeks ago so we are muddling through together. She will be in a sling until the end of October and cannot drive til then. Life's a bitch at times x

[flow4 in reply to MaryTH]

(And yes, it certainly is!)

[flow4]

OK, so because you were over 65 on 8th April 2013, you aren't affected by PIP and can continue to get DLA for as long as you're eligible...

So, my next question is this - has your claim now been disallowed completely, or have they turned you down for the care component but still allowed you lower rate DLA without the care component?

[MaryTH in reply to flow4]

They have still allowed the lower rate x

[flow4]

OK, well that's at least SOME good news

It might be that they have judged that although your care/support needs have increased, they have not increased ENOUGH. You get the lower rate if you need "Help for some of the day or with preparing cooked meals" and only get the middle rate if you need "Frequent help or constant supervision during the day, supervision at night or someone to help you while on dialysis".

The first thing to do is to call this number. It is a special number for people who were born on or before 8 April 1948 and are still entitled to DLA - Telephone: [phone]. Ask them why they have not awarded you the middle rate. They may not be able to tell you, but it is possible the explanation will be quite straightforward, so it's worth asking.

Tell them you want a 'Mandatory Reconsideration'. This is the first stage in the appeal process. This is a simple process where you just ask them to reconsider their decision. You can ask for this over the phone, but you should also follow it up in writing (the address will be on your award letter). You can't launch an appeal until after the 'Mandatory Reconsideration'. There is more info here: disabilityrightsuk.org/appe...

Meanwhile, it would be worth getting some further advice. Benefits are complicated, and you need 'expert' advice before any appeal or change. Age UK have a free help/advice line - 0800 169 2081.

If the Mandatory Reconsideration does not increase your DLA to the middle rate, then it might be worth making a fresh claim for Attendance Allowance (which is the over 65s version of PIP). Even though you are entitled to stay on DLA because of your age, you might possibly be better off on AA because its lowest rate is £55.10, and the assessment criteria may be different - BUT it is very important for you to get ADVICE before you make any changes!

Good luck!

[MaryTH in reply to flow4]

Thank you so much for that. The first thing I am going to is contact the Welfare Services Officer and see if he will do anything for me. He filled in the forms in the first place. I will keep you updated x

[flow4 in reply to MaryTH]

Yes, good idea. Though I think only you can make the phone call to ask for the Mandatory Reconsideration - or perhaps he can make it with you there too, or with your permission, I'm not sure.

[Hidden]

HI MaryTH,

unfortunately, asking for a reassessment doesn't always lead to the outcome that you want. The DWP can decide to lower your rate or take it away as a possible outcome. so get together as much information as you can to support your appeal.

You can also ask your local council for a care and support needs assessment. Get in contact with adult social services there and ask for this to be done:

nhs.uk/conditions/social-ca...

At the very least they are required to do is to point you in the direction for help and financial aid.

Hope this helps mary

Regards

Beverley

[MaryTH]

Thank you for that. I am about to get everything together x