Disability living allowance...can anyone help please?

Replies

By Laurianne

Re: Disability living allowance...can anyone help please?
Sun 17 Sep 2006 19:02

Hi bluebell, we were successful in the end (after being turned down twice) in claiming the higher rate after attending a tribunal where I was able to explain fully what care my husband needed at night. He has seizures and a great deal of my time is spent reassuring him. This however amongst other things also involves assisting him to the toilet, he goes more frequently because of the drinks he has with his medication. It means giving him the drinks and the medication and either cooling him down or getting him hot water bottles to warm him up depending on how the seizure manifests itself.
In my experience you need to spell out in minute detail all the tasks especially the small ones that you perform as a carer. They have to award it if you fulfill the criteria (and that is performing physical tasks several times a night) but you need to fill out the form with as much detail as possible, showing what you do on the worst nights you experience.
Try again and don't be afraid of going to tribunal if that is offered because it gives you the opportunity to put your point of view. Good luck Laurianne

By Lynn

Re: Disability living allowance...can anyone help please?
Sun 17 Sep 2006 20:35

Good advise Laurianne. We were successful on our first attempt. Our local Welfare Rights helped to complete the form, then we sat on it for a few weeks (the money was backpaid to the date we applied for the reassessment anyway, so no problem there). I kept it in the kitchen during the day and on my bedside table overnight. I put every single thing that I did on it, no matter how trivial it seemed.

In defense of the folks at the DLA Office (I can't believe I said that lol) they can only process the claim on the information they are given. So include every single thing you do in a worst case scenario.
Good luck - Lynn

By Burnfell

Re: Disability living allowance...can anyone help please?
Sun 17 Sep 2006 21:52

I agree, keep a detailed diary, also read all the slips which comr with medication, and include the drugs and all the symptoms you observe as well. It is a very high hurdle for top rate. mention everything that happens even though they may not happen at the same time, one night they might.

By Idler

Re: Disability living allowance...can anyone help please?
Mon 18 Sep 2006 21:24

CPAG's Welfare Benefits Handbook says that:

to qualify for higher rate you must be so severely disabled physically or mentally that
* you require frequent attention throughout the day in connection with your bodily functions, or continual supervision throughout the day to avoid substantial danger to yourself or others; and
* you require prolonged or repeated attention at night in connection with your bodily functions, or in order to avoid substantial danger to yourself or others you require another person to be awake at night for a prolonged period or at frequent intervals to watch over you; or
* you are terminally ill

This means you must have both daytime and nighttime requirements or you must be terminally ill

By bluebell

Re: Disability living allowance...can anyone help please?
Wed 20 Sep 2006 18:37

thank you all so much for your replies...the person does need help both day and night...the only thing is the DLA office says that they do not need as much help at night ...therefore only qualify for middle rate...but will challenge this...this person did get higher rate some years ago...their condition is very much the same now...but when they had to renew therir claim they were put down to middle rate...they have said they will look at the claim again...