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condition deteriorated

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 10 months ago #16189 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:condition deteriorated
needmybed48 wrote:

Hi just looked through copy of dla form I sent in to start on applying for an appeal and noticed that the welfare rights worker who helped me fill in the form ticked NO to the question Do you Think you will have these problems for at least 6 months, instead of ticking Yes. Does anyone know if this could be the reason why they are leaving the previous decision the same and can when I appeal tell them that this boxed was ticked NO in error and should have been ticked YES. My doc is giving me a letter on Monday to send in with the appeal and copies of hospital reports on my fibro problems.


Hi,

This would not be the reason, if it had been, you would have received no DLA award.

To be able to make a valid claim for DLA, your problems due to illness/disability must have lasted for at least 3 months, and be likely to last for at least a further 6 months.

If a claim doesn't meet the above criteria, it cannot be accepted as a valid claim.

Hope this is of help.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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14 years 9 months ago #16295 by carol48
Replied by carol48 on topic Re:condition deteriorated
Hi jim, i already had an award of low rate care and mobility which I have had for past 3 years on mental health grounds which was due for renewal in feb 2011 but I submitted a change of circumstances form because of a lot of physical problems relating to fibromyalgia, B12 difficiency, it was the new physical systems that the box was ticked that they werent expected to last over 6 months, These were not mentioned on my previous form as they were not diagnosed until the beginning of last year, It looked like they had left it just with the mental health difficulties as it was the cooked meal and the walking in unfamiliar places they said was still the reason for the low rates. I dont know whats happened then.
Carol
  • Tanis
14 years 9 months ago #16388 by Tanis
Replied by Tanis on topic Re:condition deteriorated
Hi, just a few words to maybe help you. I had DLA for arthritis then i developed Fibro. I rang them and they sent a change of circumstances pack. I got my doctor to write a report, gave them the name, hospital etc of Consultant Rheumatologist who diagnosed me. Got letters of support from my daughter and husband and filled the forms in VERY comprehensively, quite repetative actually. I too have the hands problems, tingling and numbness, this is fibro, all your symptoms, including the depression side, tally with mine due to Fibro. I was successful with my claim and now receive the higher rates DLA. Expect to be turned down if it your first time claiming but NEVER give up, appeal if this happens. I know with Fibro, this is the last thing you feel up to doing but please persevere, it could be worth it in the end. And of course, this website helped me alot. Good luck.
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14 years 9 months ago #16421 by carol48
Replied by carol48 on topic Re:condition deteriorated
Thank you very much Tanis, I think I needed to hear that to motivate me to finish the appeal letter, I didn't think of asking my daughter for a letter, my oldest has to come in every day to help and check on me, my youngest at 16 does a lot as well in the evening and during the night when I can't walk because of the leg cramps so I am going to get them to write letters for me, I have also got a letter from my GP and mental health worker who comes to all my appointments with me, I will let you know what happens, thanks again x
  • Tanis
14 years 9 months ago #16447 by Tanis
Replied by Tanis on topic Re:condition deteriorated
your very welcome and good luck.
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14 years 9 months ago #17062 by carol48
Replied by carol48 on topic Re:condition deteriorated
Hi, I sent in letter saying that I wanted to appeal against leaving my dla decision as was when I now needed a lot of physical help as well as the help I was getting for my severe depression which I hadn't needed before, due to my diagnosis a year ago from fibromyalgia, B12 dificiency and mild cystoceole, and stated in great detail (bullet point lists) of all the things I need assistance with on a daily basis plus letter from my GP, Mental Health Worker and my Daughter. Received a letter from them today saying that they received my letter 10 days ago and " We are looking again at all the information that we have. If you have not heard from us within eleven weeks, please feel free to contact us." They haven't mentioned any "appeal papers". Does this mean they are going to send them later? or will the appeal go ahead without sending me anything further? First time I'v appealed and I'm confused, :unsure: Is this a good thing or bad, :dry:
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