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DLA uncertainty
- John Doe
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12 years 8 months ago - 12 years 8 months ago #91898 by John Doe
DLA uncertainty was created by John Doe
My DLA is set to expire the 21st of next month. They notified me of this about 3 months ago, sending a new claim form along with the notification.
Initially, it was an NHS key worker who filled the form for me - he merely asked for a signature and date and then sent it off for me. I was under the supervision of a key worker due to being diagnosed of Psychosis (I requested for the support of a counselor due to dire mental issues early 2009 and was placed under the supervision of 16-19 psychotherapy supervision May 2009 until May 2011). While I did agree somewhat with the diagnosis, I believe the core of my mental troubles may have been due to a separate disorder but was still open to this suggestion nonetheless. I was prescribed anti-psychotic medication, but felt no advantage from it (rather, I felt more disadvantaged on medication). Thus, I eventually declined the option to take medication. In late May of last year, I was discharged from the supervision (quite a few times my key worker believed me to be somewhat uncooperative during the most recent time with him but I did lose a family member around the time I become slightly more reclusive (I've recently learned that this may have been the onset of a depression)) and was told that they would contact another area of therapy to help me with what I believed to be the core of my mental issues.
While symptoms of the original diagnosis continue to persist, new introspective insights have been suggestive that stress is an immediate predicament of them. Unfortunately, despite being discharged I feel worse than I was initially. My symptoms fluctuate, so sometimes I feel fine and productive while at other times I feel a heavy burden weighing great lethargy on me (i.e. so ultimately, I feel very slow with regards to "getting things done"). Sometimes, I can lose some ability to think rationally and become susceptible to doing something I wouldn't normally do, e.g. self-harm, albeit I do my best to restrain those possibilities. I mean, ultimately circumstances of my condition have worsened than they were when I seen my key worker - I'm less motivated, less organized, more easily depressed and slower than I was then.
I've been seeing my doctor since shortly after being charged and have been granted access to some therapy.
My ultimate question is, while it was my key worker who filled the DLA form for me, if I apply myself and describe the nature and overall impact of my condition and they find a difference in severity (e.g. such that he may have exacerbated the nature of my mental troubles), will they attempt to recover some of the money paid to me/decline my application?
Any help is appreciate sincerely!
Update: I've seen my doctor today and she stated that the diagnosis for psychosis was probably incorrect, albeit she still agrees that I'm generally very slow with regards to "getting things done". The therapy that was applied for required a request for funding and there are merely six sessions. At the first session, the therapist suggested that there may be a need for additional sessions beyond the default amount allocated.
Initially, it was an NHS key worker who filled the form for me - he merely asked for a signature and date and then sent it off for me. I was under the supervision of a key worker due to being diagnosed of Psychosis (I requested for the support of a counselor due to dire mental issues early 2009 and was placed under the supervision of 16-19 psychotherapy supervision May 2009 until May 2011). While I did agree somewhat with the diagnosis, I believe the core of my mental troubles may have been due to a separate disorder but was still open to this suggestion nonetheless. I was prescribed anti-psychotic medication, but felt no advantage from it (rather, I felt more disadvantaged on medication). Thus, I eventually declined the option to take medication. In late May of last year, I was discharged from the supervision (quite a few times my key worker believed me to be somewhat uncooperative during the most recent time with him but I did lose a family member around the time I become slightly more reclusive (I've recently learned that this may have been the onset of a depression)) and was told that they would contact another area of therapy to help me with what I believed to be the core of my mental issues.
While symptoms of the original diagnosis continue to persist, new introspective insights have been suggestive that stress is an immediate predicament of them. Unfortunately, despite being discharged I feel worse than I was initially. My symptoms fluctuate, so sometimes I feel fine and productive while at other times I feel a heavy burden weighing great lethargy on me (i.e. so ultimately, I feel very slow with regards to "getting things done"). Sometimes, I can lose some ability to think rationally and become susceptible to doing something I wouldn't normally do, e.g. self-harm, albeit I do my best to restrain those possibilities. I mean, ultimately circumstances of my condition have worsened than they were when I seen my key worker - I'm less motivated, less organized, more easily depressed and slower than I was then.
I've been seeing my doctor since shortly after being charged and have been granted access to some therapy.
My ultimate question is, while it was my key worker who filled the DLA form for me, if I apply myself and describe the nature and overall impact of my condition and they find a difference in severity (e.g. such that he may have exacerbated the nature of my mental troubles), will they attempt to recover some of the money paid to me/decline my application?
Any help is appreciate sincerely!
Update: I've seen my doctor today and she stated that the diagnosis for psychosis was probably incorrect, albeit she still agrees that I'm generally very slow with regards to "getting things done". The therapy that was applied for required a request for funding and there are merely six sessions. At the first session, the therapist suggested that there may be a need for additional sessions beyond the default amount allocated.
Last edit: 12 years 8 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Removed alert exclamation mark.
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- Gordon
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12 years 8 months ago #91908 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA uncertainty
JD
DLA is awarded on the basis of your care and mobility needs, not a specific diagnosis, although a proper diagnosis would be supportive of your claim.
It is difficult to advise on the content of your renewal form, I would hope that you read the content before signing the form, if you did not, then you are opening yourself up to the issue of the content not being representative of your current condition.
Should there be a discrepancy in the details between this and any future DLA renewal, then the question will be one of degree. If for example you were awarded a particular level of DLA at what I will call the high end and on renewal are then awarded the same level of DLA award but at the lower end, then there will be no issue. Even if different awards were made, there would still be the issue of reasonable changes in your condition, that would have to be taken into account.
However, if there are clearly fundamental discrepancies between this renewal and a future one, the DWP may investigate, and if they believe that error has been made, they can seek re-payment of any monies paid.
If this is a real concern to you, then my best advice is for you to get face to face advice, the following FAQ has links to the major agencies, but you can also Google "benefit advice" with your town or county.
Where to get advice?
Gordon
DLA is awarded on the basis of your care and mobility needs, not a specific diagnosis, although a proper diagnosis would be supportive of your claim.
It is difficult to advise on the content of your renewal form, I would hope that you read the content before signing the form, if you did not, then you are opening yourself up to the issue of the content not being representative of your current condition.
Should there be a discrepancy in the details between this and any future DLA renewal, then the question will be one of degree. If for example you were awarded a particular level of DLA at what I will call the high end and on renewal are then awarded the same level of DLA award but at the lower end, then there will be no issue. Even if different awards were made, there would still be the issue of reasonable changes in your condition, that would have to be taken into account.
However, if there are clearly fundamental discrepancies between this renewal and a future one, the DWP may investigate, and if they believe that error has been made, they can seek re-payment of any monies paid.
If this is a real concern to you, then my best advice is for you to get face to face advice, the following FAQ has links to the major agencies, but you can also Google "benefit advice" with your town or county.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 8 months ago - 12 years 8 months ago #91910 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA uncertainty
In my opinion this poster is asking for individual advice about their claim which is not within our remit.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 8 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).
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- John Doe
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12 years 8 months ago #91914 by John Doe
Replied by John Doe on topic Re:DLA uncertainty
Apologies if the request was of any annoyance or beyond your scope of support, but I'm uncertain of what else to do. I don't feel capable of work yet, and even if I did I feel that I would be at greater risk of losing myself. I was motivated and actively seeking for work until I lost a very close family member shortly before the claim for DLA was made, and while somewhat stable at that time I lost stability shortly thereafter. For both this and last year, my motivation has been drained and have been emotionally unstable and more susceptible to depression. The onset of the original diagnosis still persists (i.e. I still hear voices and more so when stressed (albeit I know they're from within my own mind but are not of my control)) and what I believed to of been the core of my mental troubles awoken yet again last year greater than ever before.
Despite not receiving any additional therapy and for the duration persisted to acquire access to a mere 6 sessions, I'm wondering of whether this can still grant me access to disability benefit (as mentioned before, my doctor still agrees that mental difficulties still persist).
Despite not receiving any additional therapy and for the duration persisted to acquire access to a mere 6 sessions, I'm wondering of whether this can still grant me access to disability benefit (as mentioned before, my doctor still agrees that mental difficulties still persist).
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- Gordon
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12 years 8 months ago #91918 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA uncertainty
JD
You will have to forgive me, but I am not sure what additional information to provide
From your original post you are already receiving DLA and are awaiting the result of a renewal. Until a Decision is made on this there would appear to nothing you can do with regard DLA.
You could claim ESA if your GP is prepared to certify you as Unfit for Work, however, I will warn you in advance that the process can be stressful. If this is something you want to consider then I would recommend that you get face to face advice, see
Where to get advice?
Gordon
You will have to forgive me, but I am not sure what additional information to provide

From your original post you are already receiving DLA and are awaiting the result of a renewal. Until a Decision is made on this there would appear to nothing you can do with regard DLA.
You could claim ESA if your GP is prepared to certify you as Unfit for Work, however, I will warn you in advance that the process can be stressful. If this is something you want to consider then I would recommend that you get face to face advice, see
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- John Doe
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12 years 8 months ago #91927 by John Doe
Replied by John Doe on topic Re:DLA uncertainty
It's ok, I appreciate all inputs sincerely!
My DLA is set to expire just before the end of next month.
If there's a discrepancy amidst my claims (if I were to apply for the renewal form too) and I'm unable to contact the original key worker who filled the form, who despite me signing to, filled the entirety of its contents, will the DWP make a request for repayments?
I understand ESA has been an option but is something I fear that I wouldn't pass for due to ATOS medicals.
The trouble of all this is the lack of access to proper therapy/a key worker, so inputs of those aren't available (the only input available is from my GP).
My DLA is set to expire just before the end of next month.
If there's a discrepancy amidst my claims (if I were to apply for the renewal form too) and I'm unable to contact the original key worker who filled the form, who despite me signing to, filled the entirety of its contents, will the DWP make a request for repayments?
I understand ESA has been an option but is something I fear that I wouldn't pass for due to ATOS medicals.
The trouble of all this is the lack of access to proper therapy/a key worker, so inputs of those aren't available (the only input available is from my GP).
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