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DLA Reduced dramatiacally

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12 years 3 months ago #80190 by pacaka
DLA Reduced dramatiacally was created by pacaka
Hi, my partner suffers mental health for the past 10 years depression with psychotic tendencies.They were initially awarded low rate mobility and high rate care this was due to his suicidal ideations in total has tried 6 time and has been very lucky that somebody was around so you could say DLS saved his life. His DLA was renewed after 4 years his condition was the same high thoughts of self harm etc and it came back high care.
We move on a further 4 years and a reassessment is carried out and my partners condition has worsened that he now has incontinance (bed wetting) which is further demoralising and depressing for him.
This was all put on the form and imagine our suprise when all we were awarded was low rate.
It was if nobody had read the form with any experience of mental illness.They have said during the day he does not need some one constant to watch over him and he only needs somebody to look at him for about an hour but there are suitable aids ?..what aids stop somebody self harming ? what aids give medication then lock it away .What aids make his meals during day ? what aids help him if he collapses with a dizzy spell ?
Likewise at night he id not at risk of self harm but now needs help with medication not at risk of dangerous behaviour.
Its the most worrying time at night when he can't sleep and has vivid dreams and needs reassuring needs the bed changing from soiling needs one eye watching him so he doesn't self harm.he awakes at 5 and wants to discuss ,
Bearing in mind the above the bloke from the DLA has said......'you prefer to have someone with you (wrong it was a psychiatrist said this ..have help or you are sectioned !)you don't need someone to be awake to watch over you at night or once for up to 20 minutes.

Whats amazed us is where did this chap get his medical knowledge......are they now legally liable if my partner dies through self harm

I have sent more information of to them and asked them to have a look whats been said vs total evidence (even addendum to claim i have sent )

Has anybody had same from them ? do they reassess ?or just wait for appeal ...how long should this reassessment take .....

sorry for such a lengthy missive peeps.

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12 years 3 months ago #80199 by Gordon
Replied by Gordon on topic Re:DLA Reduced dramatiacally
pacaka

It sounds as if you have asked for a Reconsideration, have you actually lodged an appeal as well?

In either case your husbands case will be reviewed by another Decision Maker, who will look at the evidence previously collected and anything that you send in connection with this revision.

The following FAQs may be relevant.

Is there any risk to challenging a decision?

How to submit an appeal

How long do I have to appeal?

How long to hear an appeal?

If you have any questions please reply to this thread.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 3 months ago #80209 by pacaka
Replied by pacaka on topic Re:DLA Reduced dramatiacally
Hi , Thanks for the quick reply yes I have asked them to reconsider the award .

Should I put in an appeal as well or wait for the outcome.

Is the wait the same as initially putting in claim.

Are the DWP legally responsible for the things that they say ..such don't need watching as not at risk of self harm `and not awarding full care even though my husband has a previously (and currently ) documented history of attempted suicide.Then -God Forbid- he tries again and is successful ?

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12 years 3 months ago #80216 by Gordon
Replied by Gordon on topic Re:DLA Reduced dramatiacally
pacaka

If you appeal, then the DWP are required to carry out a Reconsideration.

If you ask for a Reconsideration, then you can still lodge an appeal if the Decision is not revised, however, the DWP will then have to carry out a second Reconsideration. It might only add a couple of weeks to the process, but are normal recommendation is to appeal.

Hope this explains it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 3 months ago #80439 by pacaka
Replied by pacaka on topic Re:DLA Reduced dramatiacally
Hi, sorry to go on and on...

I have sent more information to the DWP for reconsideration of my DLA.

I presume this will take the same time as the claim i.e. claim put in Dec result last Saturday.

Because I have put in a reconsideration how will this effect any appeal timing if needed ?

I have been told 'off the cuff; that an appeal can take place after a decision for reconsideration .

So does the 4 weeks rule not apply if you have a reconsideration in the pipeline.??

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  • bro58
12 years 3 months ago #80443 by bro58
Replied by bro58 on topic Re:DLA Reduced dramatiacally
pacaka wrote:

Hi, sorry to go on and on...

I have sent more information to the DWP for reconsideration of my DLA.

I presume this will take the same time as the claim i.e. claim put in Dec result last Saturday.

Because I have put in a reconsideration how will this effect any appeal timing if needed ?

I have been told 'off the cuff; that an appeal can take place after a decision for reconsideration .

So does the 4 weeks rule not apply if you have a reconsideration in the pipeline.??


Hi,P,

You generally have about a 4 week window of opportunity to submit evidence that you wish to be taken into account at reconsideration stage, it can take sometime later to hear of the decision.

Once you have been notified of the decision of the reconsideration, you will then have 1 month to submit your appeal.

You should be notified of your appeal rights, when you receive the letter informing you of the reviewed decision.

bro58

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