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Do we appeal DLA rate?


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Hi all,

 

Firstly a bit of background.

 

Our daughter was born in December 2007 and was diagnosed with 2 heart problems when she was 10 weeks old, one of which was very rare and required immediate surgery at Great Ormond Street Hospital.

 

3 weeks after her first OHS Tiana needed a second operation to repair a heart valve that was leaking. She finally came home in June 2008 having battled her way through these extremely traumatic operations. Unfortunately Tiana then had a relapse in September 2008 and was rushed back to hospital to undergo a 3rd OHS to replace the valve that had been repaired in March.

 

Tiana has now been home since November 2008 and is starting to gain weight (She's now 16lbs 8oz and 21mths old).

 

We were advised to claim DLA but delayed doing until July 2009. We have just found out that Tiana has been awarded DLA at the lower rate which we feel isn't the correct level.

 

Tiana is on warfarin and will be for life and therefore needs to be closely watched at all times in case she cuts herself. She is also a long way behind developmentally due to her extended time in intensive care.

 

When my partner phoned DLA to ask why Tiana had been awarded lower rate she was told it was because although Tiana needed to be monitored "so did other babies of her age". Lisa enquired about appealing and was warned that Tiana's award may be rejected or increased and that was a risk we would have to take.

 

So, what do we do? Accept lower rate or appeal?

 

If you'd like to read more on Tiana's story I set her a website up to keep people informed of her progress which is now followed by people from all over the world. Her website is BraveTiana.co.uk - My story

 

Thanks in advance for your help

 

Kevin and Lisa

Tinnud

 

Successfully reclaimed £3379 bank charges from NatWest - 2007 :D

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Hi all,

 

Firstly a bit of background.

 

Our daughter was born in December 2007 and was diagnosed with 2 heart problems when she was 10 weeks old, one of which was very rare and required immediate surgery at Great Ormond Street Hospital.

 

3 weeks after her first OHS Tiana needed a second operation to repair a heart valve that was leaking. She finally came home in June 2008 having battled her way through these extremely traumatic operations. Unfortunately Tiana then had a relapse in September 2008 and was rushed back to hospital to undergo a 3rd OHS to replace the valve that had been repaired in March.

 

Tiana has now been home since November 2008 and is starting to gain weight (She's now 16lbs 8oz and 21mths old).

 

We were advised to claim DLA but delayed doing until July 2009. We have just found out that Tiana has been awarded DLA at the lower rate which we feel isn't the correct level.

 

Tiana is on warfarin and will be for life and therefore needs to be closely watched at all times in case she cuts herself. She is also a long way behind developmentally due to her extended time in intensive care.

 

When my partner phoned DLA to ask why Tiana had been awarded lower rate she was told it was because although Tiana needed to be monitored "so did other babies of her age". Lisa enquired about appealing and was warned that Tiana's award may be rejected or increased and that was a risk we would have to take.

 

So, what do we do? Accept lower rate or appeal?

 

If you'd like to read more on Tiana's story I set her a website up to keep people informed of her progress which is now followed by people from all over the world. Her website is BraveTiana.co.uk - My story

 

Thanks in advance for your help

 

Kevin and Lisa

 

 

Well that is up to you if you wish to disagree as it is a risk. If you think its wrong the I would appeal.

 

The decision makers are not medical people and have weired reasons.

 

When I was little and I had muscle spasms constantly and wore a full lengh metal body brace from the age of 3 and upto 10 years of age and with a few other disabilities (excuse my poor spelling).

 

When my parents applied for DLA we were refuse because they said I was just like any other kid and I was able to cross a main road at the age of 7 by my self.... now think my brace was from my neck all the way to my hips , I couldnt turn my head left or right are my hips I had to turn my whole body even so who in the right mind would let there kid cross the road by them self.

 

I would seek advice maybe from local welfare advisor to see if they could help with the appeal.

 

Hope this helps.

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With DLA for children, they compare a children's care needs with other children of a similar age. Although all children need some level of monitoring, do they need it to the same degree as your daughter? Probably not. This is what they should be concentrating on; whether children of a similar age require a similar level of monitoring.

 

DLA recently has been turning down a large volume of claims altogether when there is clear evidence the person is entitled to the benefit. Almost half of those decisions are overturned at appeal stage.

 

I believe DWP have recently had it drummed into their employees that if a person expresses a wish to appeal, that they must forewarn them that an appeal will not necesserily go in their favour and can remove their award entirely, as well as potentially increase it. It's good practice for them to advise you of this, to enable you to make a fully informed decision.

 

No-one can predict what the outcome will be; it would all be in the hands of the tribunal.

 

You could also ask for a reconsideration, rather than an appeal. After the decision on the reconsideration, you can still appeal if you are unsatisfied with the new decision (which may be exactly the same, but again could go in your favour or remove the award).

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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