MGA News April 2000

Having successfully gone to Appeal for my DLA, I would like to share with you how we managed this seemingly impossible feat.

From application to award took 10 months, a great deal of stress, financial hardship and frustration, but it was worth it in the end.

My claim was initially refused on the grounds that I should be better within 6 months - the cut-off point for DLA. My Consultant had confirmed that she 'hoped' I would be stabilized by 6 months. If she had said 7, I may have been awarded DLA!

My first step was to contact the Citizen's Advice Bureau, who are prepared to provide an outreach worker to help advise and fill in forms and support the claim. They also know the legalities and parameters.

We sent my case to Review, and when I was again turned down, my caseworker, Helen, encouraged me to go for Appeal. This encouragement is vital; when you are struggling with an illness the last thing you need is the stress of a Tribunal. I would not have continued without her help.

We collated letters of support from my GP, Health Visitor, etc. On receiving copies of my case file, we discovered that half my original evidence was missing. Luckily I had photocopies. This forced us to bring the papers to the Appeal due to short notice; if the panel were not prepared to review them we would have asked for a postponement due to clerical error on the side of the DLA.

The Appeal itself was not as terrifying as I had anticipated. In the panel of three were a Solicitor, GP and an OT. Helen sat with me with her prepared notes should there be a problem. Her philosophy is to allow the DSS representative, if present, to speak first against, and then provide evidence to deflate their case. In our case, the representative had not turned up, so it was just a question and answer session for me, held in a sympathetic and friendly manner.

The conclusion the panel had already reached was that the 6 month limit was obviously past, so all that was required was to decide on how much to award me - back dated to the date of the first claim - by asking me what I was able to do now and comparing it to the past 10 months. We were invited to wait outside for about 15 minutes whilst the panel deliberated, then we were called back in and I was presented with two forms, one showing me that I had been awarded higher rate mobility and middle rate care, and a form regarding the appeal procedure. By doing things this way, I have ended up with a greater income than I would probably have received originally, let alone the costs involved with reviews, the Appeal, travel and childcare which the DSS must sustain.

I am told that those applicants who go in person to Appeal do 80% better than those who opt for a Hearing. The panel is independent fair and in my case, friendly, and nothing to fear.

In conclusion then, the following tips may prove useful in your claim:

• Enlist the help of professionals for evidence - GPÕs, Consultants, Care Workers, etc.
• Keep copies of everything!
• Do not try to take it all on yourself, use the help of the CAB.
• Consider all the daily tasks you are unable to do - or have been incapacitated by in the past. I received higher rate mobility because there were days I couldn't walk at all, even though at the time of the Appeal this was unlikely. Medium rate was awarded because I required supervision during the day, but not at night.
• Questions to ask yourself in filling out the form may include - do you need help dressing; washing self or hair; putting on make-up; (even if you have stopped wearing it), can you cook (even if you are able but unwilling due to lack of confidence); need to be watched if taking tablets, eating, etc; have you suffered from incontinence - this is quite important apparently; do you have any fears, phobias or lack of confidence as a result of weakness/unpredictability.
• If you are awarded medium rate care or upwards, you are also entitled to extra towards mortgage and council tax. If you are also on Income Support or JSA, then your partner is eligible for a top-up if they are your carer and unable to work. Ask the CAB to claim this for you. If you are awarded higher rate mobility you are exempt from paying car tax on one car - apply to the DLA who will eventually send a form!

The time limit for application to Review is due to be shortened from 3 months to 1 month. My award was for one year, and I will need to reapply. When you are in receipt of DLA, you will be expected to submit regular updates and a new fully completed form -it is not sufficient to state 'nothing changed'.

I wish everyone who wants to have a go the best of luck. Persevere - we owe

MGA NEWS April 2000

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