DLA claim refused | Advice or suggestions sought

Hi,

I am a 41 year old man with the following disability and incapacity related problems, and who put in a claim for DLA:
* I have "complicated migraine" which basically means I have migraines between every day and every three days. About half of these have little or no pain but still have debilitating symptoms like malaise, aversion to light or sound, confusion, loss of speach, etc.
* I have a poor memory and so cannot learn or (see below) motivate myself to learn to cook or use new equipment such as a new washing machine, or find my way in unfamiliar places.
* I am awaiting formal diagnosis of Asperger Syndrome (an Autistic Spectrum Disorder) but my support worker and local charity are confident that I will be diagnosed with this or High Functioning Autism.
* I have fits or something similar, that I am going back to my GP with as she initially thought it was "viral".
* My fiancee and carer is currently also having problems with a recurrence of psychosis, which includes hearing voices, having paranoid thoughts and depression; which is making me more vulnerable as I am cut off in a village. She is not sectionable at the moment, but we are not sure she has sought help and is refusing to do so. Her sisters and I contacted the doctors who said she has to seek help herself. We don't know if they let her GP know.

The DWP have turned down my DLA claim (though are unaware of the last piece of information).

The DWP asked for more information, due on the 10th, including:
* Types of fits, dates, treatment and specialist. I replied that I was awaiting my GP, and gave a list of dates and general description of each episode.
* Dates and durations of migraines. I gave these.
* Whether I had had a diagnosis yet of AS. I have not and said I was still waiting.

However, they wrote, dated 4th March, that I was ineligible for DLA either for mobility or care based on my claim form and my GP information sent on 14th February. This obviously would not have included the information they asked me to send.

They said on mobility:
* I need help getting around outdoors "for comfort and reassurance". Though this is true, I believe it to be more than this in unfamiliar places (see below).
* I don't need help to avoid danger or because of anxiety or panic attacks. This is mainly true, but again see the next one.
* I don't need help guiding or supervising when walking outside or on unfamiliar routes. This is not true because of my memory and because I can get anxious or panicky and may get lost easily.

They said on care:
* I don't need help to plan a meal, motivate myself or to prepare a cooked meal for one person. This is all untrue as the most I can do is cook a microwave meal and sometimes forget to eat because of my suspected AS. (And now worryingly because my carer is ill.)

They also said I do not need help to communicate, which ignores the problems I have with empathy and understanding social norms with suspected AS.

They did acknowledge the fits or similar during the day.

I contacted my support worker at my local Asperger Syndrome charity, who helped me complete the DLA form. She was unsure how to proceed and suggested I ask here for advice and suggestions. If it is worth appealing, I have until 4th April to do so.

Many thanks,
Ian

Hi Ian

I'm afraid we can't give advice on individual claims. Please see

Why can’t you answer a question about my specific claim?

I can only suggest that you contact the CAB or a welfare rights service in your area. See

How can I get individual help with a specific benefits problem?

Best of luck

Derek

there are IMO a couple of points that would confuse the DM as what you say about having asperger dont tie in with what you say in the post

is your local asperger group conected to the NAS ? they might be a better place to get help and support I was SEN gov at 2 schools many years ago one an Autistic unit before the growth in people being found to have it

also there is no such thing as an informal diagnosis of Asperger Syndrome

till people who are experts in the area see you, there are many other things it could be... no one here or your support worker should make any claims

as derek says get help try this number
0845 070 4004

www.autism.org.uk/