Help with Motobility appeal

[Bookworm]

Good for you. If you need any help, please start your own thread so as not to confuse your issues with Moggy's (I recommend the "disability" forum rather than this one, as it's more speacialised) and we'll see what we can do.

[bulldog07]

Thanks Bookworm!

[moggy490]

Hi Bookworm i have today recieved a letter from the Dwp stating that they have again looked at the claim but havent changed there minds. Would be very greatful for some advise as too we i go from here. thanks

[ErikaPNP]

Moggy, when you contacted them did you ask for a reconsideration or did you ask for an appeal?

 

Also, did you write a letter or complete a purple and white form?

[moggy490]

Moggy, when you contacted them did you ask for a reconsideration or did you ask for an appeal?

 

Also, did you write a letter or complete a purple and white form?

 

Hi i basically sent a handwritten letter stating that i didnt agree with there decision and asked them again to look at my claim. i didnt fill out any form.

[ErikaPNP]

Ok, in that case the next stage is to appeal the decision, if this is what you wish to do. You can do this by sending a letter, stating you wish to appeal or you can download and complete this form and send it to them. You have one month to appeal from the date on the top of the letter they sent you telling you the reconsideration was unsuccessful.

[moggy490]

ok will do that and keep you posted. thanks

[kinkyklee]

Actually im agreeing with manofharlech on this one maybe not fully as everyone deserves to have there say seen as its a forum of like it or not and peeps ask for our advice...

it really is about the pain,discomfort unbearable to walk side of things...

 

if the little girl can walk so many metres etc they class automatically {oh she can walk} which yes i know is horrible been in the situation.

but if it goes to tribunal they will also ask you these ques and quiz on evryone you have wrote and filled in,so its anyones race really it could go your way it poss could not.

walking them and aiding them to school etc is going to come under care compon,not mobility as it is for people children who cannot walk or are in severe pain and couldnt manage to walk unaided.

 

its very frustrating that people recieve this benefit that dont actually need it:mad:

[Bookworm]

it really is about the pain,discomfort unbearable to walk side of things...

It really isn't just about that, though... having won my son's high mobility on different grounds, I can testify to that first hand.

 

its very frustrating that people recieve this benefit that dont actually need it:mad:

It's even more frustrating for those who do need and deserve it who have to jump through major hoops to get it,, and often give up long before simply because they can't cope with taking on the very system which is meant to assist them.

[kinkyklee]

oh yes bookworm i agree,its very frustrating that you see people who get the full wack running about round town living it up,and yet the decision maker gives it out to them...yet theres us at home suffering with the ones that are suffering and they cannot get just that little bit of money to give them independance,it should be issued to illnesses,diseases, not pulled muscles,depression etc...

mind u ive always wondered should us carers at home claim it for depression as im sure we all go thru a stage of despair... a young man i know get the full amount for been depressed cant go out to work incase he gets picked on..etc it bloody well stinks

i wasnt been nasty before just that if they desrve it foght all the way

tribunal is best place you can go....always go for it they are so more understanding

[moggy490]

Hi Bookworm

Just thought i,d let you know that i have sent a letter of appeal and found today that Welfare Rights come to the community centre next door but 1 to me every thursday between 10-1pm so i will be visiting them next week.. i will keep you posted.

[Simon7685]

My advice to anyone dealing with a DLA decision, having now won 2 appeals and had to fight all the way is as follows;

 

a. If you are turned down you get nothing, so what do you have to lose in appealing........ nothing!

 

b. Do not bother wasting time on asking for a reconsideration, they rarely result in a decision being changed but take up valuable time. Instead ask for the appeal form straight away and submit it. They will still reconsider your case but it happens in a much quicker timeframe.

 

My first claim was refused, I asked for reconsideration and sent new evidence for my claim, it took from June 07 to May 08 to get to a tribunal.

My renewal was disallowed in July 09 and in Jan 10 the appeal was heard and won.

 

Reconsiderations are only going to succeed if the decision maker made a mistake in law. So putting yourself through the wringer waiting and hoping in my opinion isn't worth it, ask to go straight to appeal.

[Simon7685]

Moggy

 

If you need any help with your appeal, I am happy to help if I can. I do understand what it is like and how scary the appeals panel and hearing can be.

If you need it ask away.

[moggy490]

Hi Simon

All input is greatly recieved, at present i am waiting to see the welfare rights people and see how they can help me.

It is a very frustrating process and i somtimes think that sooner or later i will end up with mental health problems caused by banging my head against so many brick walls lol,

I really do appriciate all input good or bad after all it can only help me more..so thanks to everyone.

[Bookworm]

Thanks for the update hun, let us know how welfare rights fare, I have heard good things about them, so fingers crossed.

[Simon7685]

Good to see you can keep a sense of humour as well Moggy but the bashing of the head will only mean you have to pay to get it fixed and a red lump on your head, just like in Tom and Jerry!

 

I have heard some good things about the welfare rights round by us but I couldn't get one in time, they seem very much in demand. There were 2 of the 3 cases accompanied by them yesterday, while I was at my appeal hearing.

[adamrao]

Bookworm and Man of Harlechare are both spot on - I have dealt with some cases with brilliant results where the clients (with severe mental disabilities) were rufused HR Mobility, in the first place, due to the reason that they can walk more than 50 meters. Here I wouldn't go into the discussion that whether HRM is only for mobility or mental disabiliy as well or what case law we should talk about. Yes it is true that LR Mobility is more appropriate in Moggy's case but it really depends on the child's condition and level of level she needs outdoors.

 

Moggy you are on the right path. Carefully read the decision letter, it should tell you how the decision maker has made the decision: like 'We have made our decision on the basis of the information you have provided in your claim form, symptoms, treatment and medication, a report from your GP / Hospital consultant / health care professional etc. If you think that they have missed something important e.g. never wrote to the doctor when they should have done or never mentioned about the treatment or medication then do mention it in your letter. The right way of starting the whole drill is by filling the appeal form GL24 http://www.jobcentreplus.gov.uk/JCP/stellent/groups/jcp/documents/websitecontent/dev_012310.pdf (hope you have already done it - if not then do it to avoid later confusion) and ask them look into your daughter's claim again. You have 30 days to appeal but dont worry if you are sending it late, just put the reason for delay.

 

Should DWP decide not to change the previous decision then your case will be passed on to the Tribunal Service, in some ways it's quite useful if you go to the Tribunal and explain the whole issue to them.

 

I wish you all the best and please do not hesitate to shout if you need more information.

 

Adam

Edited January 15, 2010 by adamrao

[Simon7685]

I am sure you have already done this but also check the reasons they use for disallowing are accurate and factually correct. The GP who visited me in my home on their request, wrote in his report that I could walk 400 metres in an adequate manner and a normal speed. They used this as a reason for not re awarding my DLA. The fact was that the doctor never saw me walk more than 20 feet indoors using a stick. I agued that, at my tribunal and I think it helped me win.

 

The main point though, was it took me a few readings through the letter disallowing me, to pick that up and tie it in with what actually happened.

 

They can be very clever how they word things and sometimes you don't pick it up straight away, so keep going back to it and read it again until you have disected every last bit of it. I am sure that the welfare experts will go over a lot of it for you as well so hopefully everything can be challenged.

 

Another trick I have used at both my appeal tribunals. The tribunal service will ask you to submit any other documents you want included in the case papers at least 7 days in advance of the appeal date.

 

I took what I wanted them to know in the form of a letter on the day and it still gets included. I think that benefits you as they are reading it fresh just before they see you, I always start by apologising for the late submission but that I was to unwell to get it in any earlier and I date it the same day.

 

It definately has benefited me and it was very apparent at this appeal, with some of the things they said to me and that after reading my letter thry understood some of the things I had written in my application for DLA much better.

 

I hope some this is of some help to you. I will keep adding bits as I think of them for you. If you don't want me to, or get sick of it please just tell me, I won't be offended as I know I go on a bit sometimes:D

[Life-Goes-On]

 

I would add that the DLA have agreed with me and applied the criteria that the child's disability is not a severe mental impediment and can walk properly without severe discomfort and is not entitled to HRM.

 

If you think the DWP get it right every time you're living in cloud cuckoo land.

 

I just won my appeal against the DWP for DLA.

My caseworker had 4 others last week and won them all.

 

So the OP has every right to appeal and have an independent panel review the case.

[moggy490]

Hi all

Firstly thanks to all for the interest in this problem, ok i have not sent in a GL24 only a written letter (sent recorded delivery) explaing that i wanted to goto an independent tribunal as i felt they have taken no notice of anything i have told/sent them.

The refusal letters reasons are :

Information from my claim pack.

And a report rom my General Practioner.

 

She has seen her GP i would say once in 5 years.

And that was only to speak about the options we have got for when she begins her menstral cycle. Never really seen her GP about her dissability as thats just it, its a dissability not a sickness and she isnt poorly with it.

 

Ironically i have been sent a new claim pack today too.

[adamrao]

Moggy490

 

People have been coming up with brilliant advice in your post. Before I could tell you about the possibility of success in your case, could you please tell me more about your child's needs at home and level of supervision she would need outdoors.

 

You have been advised in the previous replies by others that Higher rate of Mobility has a strict criteria which is absolutely correct but that doesn't mean that your child can't get it (depends on the disability and level of care needed). There may be an entitlement of lower rate of mobility and middle or highest rate of care but that varies on individual to individual.

 

Please dont give up if DWP doest revise its decision, in your favour, and sends your appeal to the Tribunal Service.

 

Also in some mental health cases (particularly permanent disabilities) a claimant is not required to see his/her GP on regular basis unless its something else. I am sure if this case goes to the Tribunal you will have full opportunity to explain the whole situation to the panel. It has to be convinced that the child has more care needs (including supervision: reminding, encouraging, prompting etc.) than a normal child of same age.

 

Best

 

Adam

[Simon7685]

Hi Moggy

 

I am not 100% sure on this but it was my understanding that for your case to be referred to the appeal tribunal you have to complete and return form GL24.

 

This may not be the case but I remember ringing the helpline once about appealing and I was told that they would not accept an application for appeal without the GL24 form. How true that was I am not sure but it might be worth checking that your letter is accepted as an application to go to appeal tribunal. Or even just complete and return the GL24 just to be sure.

 

I'm sure someone with a bit more knowledge than me on here can answer it as well. Sorry if I am wrong about it but I thought it best to mention to you.

[adamrao]

Simon you are right, DWP ppl do get fussy when it comes to appeals and procedures - That's why I mentioned about it in my first reply. Moggy fill GL24 and sent it to them asap. Just to be at the safer side!!!!!!!!!!

[ErikaPNP]

An appeal does not have to be on a GL24, so long it is "duly made". To be "duly made" the request must be in writing within the time limits and must be clear that an appeal is sought, must include the reasons the claimant thinks the decision is wrong and must be signed by the claimant or appointee. Of course it also need contain the name and address of the claimant.

 

As Moggy has done all of these things (although she hasn't mentioned whether she has signed it or written her name/address - I'll assume she has) it is a duly made appeal and must be accepted as such.

[moggy490]

Hi i have recieved a letter today asking for the name and address of my daughters new school and for me to give them permission to contact school.

So they must have acknowleged my request.