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DLA Appeal

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11 years 10 months ago - 11 years 10 months ago #107431 by ukaku1
DLA Appeal was created by ukaku1
I wish to appeal to a tribunal against the decision to lower my DLA from middle to lower rate care. I have requested a reconsideration. But the DWP have failed to change their decision.
I believe I need help with my personal care throughout the day and not just for up to one hour a day. I also believe that I require help more than once, or for more than 20 minutes, at night.
I suffer from chronic depression and anxiety, amongst other things, which is constant in my life throughout the day, on a daily basis. I can make myself so sick with uncontrollable worry that I am at risk of passing out or having an anxiety attack.
Also constant worry can make me lose concentration and become a constant danger to myself. I have, for example, scolded my finger touching something hot in the oven because I wasn’t concentrating to remember to put oven gloves on beforehand.
Also I can wear myself down mentally with constant worry that I can unexpectedly fall asleep during the day and not realize that I have fallen asleep until I wake up. I can fall asleep leaving electrical equipment like the television or the electric heater on. Falling asleep also means that I struggle to feed myself at regular times because I am not awake to do so.
Also anxious thoughts make it hard for me to fall asleep at night, wake me up at night and make it hard for me to go back to sleep.
Furthermore I suffer from learning difficulties. I struggle with reading, comprehension and writing and would constantly require someone to read for me such as reading and replying to mail and reading signs.
I disagree with the decision makers’ view that I could take reasonable precautions to prevent any dangers as I believe that my depression and anxiety are so chronic that it hinders my ability to take such precautions. Therefore I believe that only supervision from another person, that is constant throughout the dayand at night, is what I would require.
I am considering an appeal. But I need advise as to whether I have a reasonable chance of success if I go ahead.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #107438 by Gordon
Replied by Gordon on topic DLA Appeal
uk71

I am sorry we cannot give specific advice on the forum.

The risk of appealing is that is that a Tribunal might remove your remaining Lower Rate Care, however, if you are confident that you meet this requirement easily, then this risk may be minimised.

If you do decide to appeal then you have one month from the date of the Reconsideration letter to do so. have a look at the following

How long do I have to appeal?

How to submit an appeal

DLA Medical – What forms to ask for?

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

Gordon

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

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11 years 10 months ago #107440 by slugsta
Replied by slugsta on topic DLA Appeal
Hi uk71, I have deleted your duplicate post so that all replies are kept in one place for you. Every post on this forum is pre-moderated before it is made public. How long this takes depends upon how many (voluntary) moderators are on duty and how busy we are. There is no need to post duplicates, yours will appear eventually :)

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

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