condition deteriorated

thanks lavenderlady, will do something about it tomorrow thanks
Carol:)

Thanks lavenderlady and gareth, had a look at the members file, saw doc and she gave me dates when B12 Deficiency and fibromyalgia was diagnosed and reumatologist name etc and will support me with DLA form, also organised some more tests i had been avoiding,dont like hospitals or seeing any1 I dont know, also mental health support worker has an appointment to see a welfare rights officer with me on 21st to fill in DLA form, got my daughter to phone for form for me, couldn't face talking on the phone. Will let you know how things go. Thanks again,
needmybed48
ps, :)dont know how to get the smilies

update, filled in with help and posted dla form filling in new details of physical disability due to fibro, b12 diff, mild cystocele, psoriasis, underactive thyroid causing problems with using arms, hands etc , severe leg cramps,numbness pins needles in fingers causing me to drop things, constant aching all over, knee giving way randomly leading to falls, needing help applying lotions/creams to scalp, washing hair, unable to hold pots etc, on top of my mental health problems with motivation, memory, forgetting to switch things of, lock doors etc, I got reply today saying they had looked at the form and decided there was enough evidence for them to leave my dla award at low care and mobility which I was already getting, because of needing someone with me outside in unfamiliar areas, and for care to prepare a cooked meal.
I was getting low rate because of my severe depression of past 10 years, low mobility for needing someone in unfamiliar areas, but the low care reason on my old award was for needing someone to motivate me to get washed dressed in and out of bed
I dont understand why they have changed the reason for the care part, or why they have not taken the new physical difficulties into account. Feels like they havent even read the report( it was the old style DLA form they sent, so everything was in it), I had put on the form to contact my gp or psyciatrist, which they havent done, Can anyone tell me what grounds to use to appeal, I havent had a medical so cant say that the medical officer didnt take into account ...., I dont understand why they didn't write to gp or psyciatrist, I need help 3 or 4 times a day to remind me to take medication, or not to take it twice, as I forget to take it or forget that I have already taken it, ended up in hospital lately because of taking it twice, also to massage legs when I take cramp which happens day and night,and heat up pads in microwave for me to put on them to ease the pain as they are sore for hours afterwards and I can't walk only hobble, have frequently fell downstairs when my knee gave way without warning and have to be helped up, have to apply creams 4 times a day for psoriasis and need help to do this and with washing/drying hair etc, changing sheets daily because of creams, constant itching/scratching. This is on top of the mental health help I need to motivate me to do anything. I am sure I should qualify for the middle rate care but feel like giving up, any advice is appreciated,

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.

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,

It could well be one reason why your claim was denied, however on your previous posting, you imply the letter had other reasons stated for keeping your award the same.

On the appeal form, you do not need to go into any great depth. Just state why you think their decision was wrong. You can also state you will supply further evidence to send in.

It could be worth contacting your GP and Psychiatrist and asking if they will each write a report about your needs which you can subsequently send into the DWP. Incidentally there is no requirment for the DWP to contact the people you named on the application form if they believe they can make a decision without contacting them.

As part of the appeal process another Decision Maker will go through the evidence to establish if your award can be changed, hence you obtaining letters from your GP/Psychiatrist and sending those in may be beneficial.

It would also be worth asking the DWP for the full statement of reasons for not increasing your award.

Also you ideally need to go back to your adviser, who can go through the paperwork with you and set about forming the basis of your appeal, should there be a need to go to a tribunal.

Pete

Thanks pete, great advise. I will ask psyciatrist for a letter and my mental health care worker and the one from the doctors tomorrow and I will fill in the appeal form. The letter just stated that they were not increasing the DLA but leaving both low rates as it is due for renewal in Jan 2011 and it was uncertain how much help I would need then, which was why I was wondering if it might be because the wrong box had been ticked, I know they send the forms out roughly 4 or 5 months early to fill in, which would be in roughly 6 months from now. I will explain in the appeal letter that it was human error that the wrong box had been ticked and see what happens, and also for them to send me the full statement of reasons for not increasing it. Will let you know how I get on.
Thanks again.