Turned Down For DLA

[Fiona34ni]

I have been getting DLA for two years now and had to re-apply. I had got low Rate Care Component and High rate disability. When I reapplied they turned me down for High rate disability. Has this happen to anyone else. Has anyone any advice as to how they assess as I filled in the new form exactly the same as my previous one two years ago.

[Ooohmeknees]

Hi Fiona,

Its all done with mirrors??? Well, what I mean is I think it depends upon the individual officer's opinion and judgement. There may be rules, but everyone I know has a different view of 'leg-before-wicket' and the off-side rule in football. So DLA health conditions are entirely open to the idiosyncratic views of people who have no experience of your illness.

Not withstanding you have to consider the fundimental reason for the benefits system in the UK is actually to stop people getting benefit, not to address need. Dont fall into the trap that because you are ill and cannot operate a normal life that you will get social services and benefits from the UK Gov, you will not. The job of the officials is to stop you getting it.

I applied for DLA a few years back after someone from social services came out to see my mother to help her apply. They immediately said that I should receive DLA, based upon what they saw. However, rather than me fill the form out, they told me that the 'trick' is in how the form is completed. They filled out the form for me, and I still did not get it.

[Clare.T]

:( They seem to be getting more and more pernickety and arbitrary.

Somebody said of another government or LG agency, to remember their goal is not to meet your need but to save money

Maybe the appeals section of the site below will be helpful.

http://www.benefitsnow.co.uk/appeal/appeals1.asp

Best of Luck !
:luck: :luck: :luck:
Clare

[ladyjane]

Dont forget that the UK government are currently trying to make 50% of the peoople on incapacity benefit return to work no matter what their condition Union rep told me that the only way you can guarantee qualifying is with a bad back as it cant really be proved either way. Even us with flares etc have no hope from what he said to me, says the woman who cant even currently use a pen to write with but needs to every day.

[Regina]

Hi Fiona

my advice is to go to the CAB and get someone to pick up your case, you may have a fight on your hands but they will do it for you and are used to dealing with them. good luck and keep us informed.

Gina

[foreverfriends1]

(( Fiona))

Disability Living Allowance is not given because of a specific illness - it is given because of the Disability and it is up to ALL who apply for this benefit to prove what they can and cannot do. If you struggle to do something - then tell them! If Medication helps you to feel better - then disability can be dropped from High to middle. Incapacity Benefit and Disability Living Allowance can both be paid together? Instead of the Citicens Advice - why not ask Welfare Rights to help with the form filling and even an appeal. I wish you well :wave:

[foreverfriends1]

<div class='quotetop'>QUOTE(ladyjane @ Sep 7 2005, 12:02 AM) Quoted post</div><div class='quotemain'>
Dont forget that the UK government are currently trying to make 50% of the peoople on incapacity benefit return to work no matter what their condition Union rep told me that the only way you can guarantee qualifying is with a bad back as it cant really be proved either way. Even us with flares etc have no hope from what he said to me, says the woman who cant even currently use a pen to write with but needs to every day.
[/b][/quote]
((LadyJane))
I would give anything to work....and my last back ex ray, did show Muscle Spasms on it:) Having filled in so many forms I already feel bad & have nOT claimed incapacity Benefit. Like you i also struggle to use a pen & would have great difficulty returning to work. I might just be writing to the UK Government & will not be mincing my words as I have suffered this pain for many years and even now - am sick & desperate yet cant see a Rheumatologist for 97 days. ((thanks)) for the information above foreverfriends1 style_emoticons/<#EMO_DIR#>/Thanx.gifp.s I was just wondering - do the DLA really want to know when a persons health or mobility needs are getting worse?

[lloydsmum]

<div class='quotetop'>QUOTE(Fiona34ni @ Sep 5 2005, 07:10 PM) Quoted post</div><div class='quotemain'>
I have been getting DLA for two years now and had to re-apply. I had got low Rate Care Component and High rate disability. When I reapplied they turned me down for High rate disability. Has this happen to anyone else. Has anyone any advice as to how they assess as I filled in the new form exactly the same as my previous one two years ago.
[/b][/quote]
style_emoticons/<#EMO_DIR#>/shakehands.gif HI,
I WILL HAVE TO LEAVE WORK SOON AS I HAVE HAD APPROX 16MONTH FROM THE LAST 2 YEARS OFF WORK, AND CANT CONTINUE. THE MEDICATION MAKES ME ILL, IT HURTS TO WALK, AND I CAN'T TYPE OR USE A PEN NOW. I HAVE BEEN TURNED DOWN FOR D.L.A. TWICE NOW, AT THE LAST TRIBUNAL THEY FELT THAT I EXAGGERATED MY PAINS. HEAVEN KNOWS HOW WE'LL PAY THE MORTGAGE OR OUR SON'S SCHOOL FEE'S. AND SO FAR THE ADVICE AGENCY'S WANT TO FILL THE FORMS IN ( MUST CLAIM LEGAL AID,) BUT ARE WOEFULLY SHORT AND DON'T WANT TO KNOW AFTER THAT.

[foreverfriends1]

Dear friends,

I am just leaving to see the doctor. My best friend works for the Citizens Advice. For those claiming welfare benefits such as DLA the Welfare Rights department deals with these cases every day and represent people for free. UK only....they will also take you to a tribunal if you have no transport

Please do not give up I will try to message more later style_emoticons/<#EMO_DIR#>/wub.gif foreverfriends1

p.s. To the person who said they get low and high care - you are possibly getting low for care - it is awarded either low, middle or high and then there are components of walking & mobility. The mobility is awarded in either low or just High - when this is given it is for those who cannot walk or who cannot walk 50 yrds without severe discomfort.

love foreverfriends1