Dla appeal

[anna15]

Hi,

 

I am sorry to start a new thread but i had asked on another thread about dla but was looking for some more opinions. I have had LRC and LRM for a while now and my gp and rep and myself feel i should be on MRC. I asked for appeal and was told last week i will Prob wait 10-14 weeks as they are so busy. I won esa in support group the other week and now obtained strong medical evidence. I got letter from rep saying no medical notes in file so could i get them and not to send to tribunal but hold onto them till day of appeal. My question is should i send them sooner and poss avoid appeal? Also will i send appeal letter too confirming group not sure if that will help any. I know dla has nothing to do with esa but do know dla base part of decision on esa atos medical .

 

Any advice is greatly appreciated.

[honeybee13]

Hello Anna.

 

This also needs to be in the benefits forum so I'll move it.

 

My best, HB

[estellyn]

Best to send any evidence in advance, if you can.

 

Are you going for middle rate for day or night needs? And for supervision or care?

[anna15]

Im trying for day needs and supervision but didnt realise there was choice between supervision or care. I filled in form with my needs and got my award but it was wrong as it says i only need supervision a very short period of the day. My husband helps dress me because of severe pain i get, cooks my meals and takes me everywhere. Don't go anywhere alone as i cant. He helps at night because of how i am through the night too.

[estellyn]

There isn't a choice between supervision and care, I was just asking as you need need to take a slightly different tack for each one.

 

For daytime care needs, you need to show that you need frequent help throughout the day - the amount of time taken for care doesn't matter. Any help you have at the same time - for instance getting up, washing, dressing, morning meds etc, generally counts as only one episode of care, unless you can show good cause as to why you can't manage these things without a gap inbetween. The best way to show frequency of care during the day is to make a diary of a typical day, giving times that you receive the receive the care and what is done for you. Ideally you need at least 5-10 episodes of care to prove 'frequent help with bodily functions', and closer to 10 episodes or more to be on the safe side.

 

For night care you either have to show you need repeated (twice or more) or prolonged (20 minutes or more) of care during the night. Again, diary the help you need and the length of time each episode of care takes.

 

For daytime supervision you need to show that you may come to harm if you are not supervised. Give details of what happens if you're left alone and what harm might come to you, and for how long you can safely be left for.

 

For night time supervision, you need to show that someone else needs to be awake to supervise you - so give details of how long the other person needs to be awake and again what would happen if you were not supervised and what the risks would be.

 

Any evidence you provide needs to speak to the above issues if at all possible, and to make it clear that the issues existed at the time of the decision.

 

Hope that helps.

[anna15]

Estelln,

 

This is amazing thank you. It gives me a clearer understanding of what they are looking for . Thats good advice about the diary and something i hadn't thought to do.

 

Thanks

[Nystagmite]

I seem to remember reading somewhere that the help for MRC, must be throughout the day. IE, a bit in the morning, afternoon and evening.

[estellyn]

I seem to remember reading somewhere that the help for MRC, must be throughout the day. IE, a bit in the morning, afternoon and evening.

 

Yep that's what I wrote - 'throughout the day'.

[anna15]

Hi,

 

Is there descriptors to follow for dla? I felt more confident in esa appeal when i had read descriptors as i then knew exactly where i was looking to challenge.

 

Thanks

[Nystagmite]

There are no descriptors as such. You just have to meet certain criteria relating to how much care you need and what your mobility needs are.

[anna15]

Ahhh i see. Fingers crossed they agree with my reasons. i had reconsideration as was turned down initially but then it was altered to LRC and LRM.

[estellyn]

Hi,

 

Is there descriptors to follow for dla? I felt more confident in esa appeal when i had read descriptors as i then knew exactly where i was looking to challenge.

 

Thanks

 

read post #5, this is what you need to show.