challenging a DLA desicion.

Im new to the site, and its quite confusing for me. Not really sure how to search or where to look and read first,
I have applied of DLA and they have said that i am not entitled to anything.

I suffer with clinical depression, IBS, GERD, And chronic fatigue syndrome

They said I dont need guidance of supervision because of anxiety and panic attacks when i do.
They said I dont need help to motivate my self when I do. My mum tries to motivate me every day
They said I dont need help to prepare a cooked meal when I do. I suffer from tremors and depression.Im at risk of burning my self and of harming my self

They said altho I have difficulty I dont need help to take part in social activities when I do. I dont do things alone
They said i dont need watching over at night because i am not at risk of harming my self when night time is when I self harm most.

SO my question is where do i go from here. Im sure i mentioned in my claim how much help i need. I have a photo copy of it so i can look at that.

Hi misssarah

Welcome to the site.

We can't give advice on individual claims but you will find detailed information on how to approach an appeal in the members' area here .

Look under DLA Appeals (there is a fair bit to read) and come back to the forum if you have any questions.

Good luck

Derek

misssarah89 wrote:

Im new to the site, and its quite confusing for me. Not really sure how to search or where to look and read first,
I have applied of DLA and they have said that i am not entitled to anything.

I suffer with clinical depression, IBS, GERD, And chronic fatigue syndrome

They said I dont need guidance of supervision because of anxiety and panic attacks when i do.
They said I dont need help to motivate my self when I do. My mum tries to motivate me every day
They said I dont need help to prepare a cooked meal when I do. I suffer from tremors and depression.Im at risk of burning my self and of harming my self

They said altho I have difficulty I dont need help to take part in social activities when I do. I dont do things alone
They said i dont need watching over at night because i am not at risk of harming my self when night time is when I self harm most.

SO my question is where do i go from here. Im sure i mentioned in my claim how much help i need. I have a photo copy of it so i can look at that.

You don't say whether you applied for the DLA mobility component, but there are two important Commissioners' Decisions with regard to depression/anxiety and the DLA care component, which you may find useful if you decide to appeal?

The first is CDLA/1148/97 remitted back from the Court of Appeal (Foley vs CAO) attention for the purposes of enabling the claimant to get over “near paralysis of will” may count. This deals directly with a claimant who suffered from anxiety/panic attacks, and day care needs. Although attention over the phone is no longer accepted, the type of attention e.g. reassurance may still be accepted if it is required and can be given in the presence of the person.

I have a copy of Commissioners Decision CDLA/1148/97 (No 2), but unfortunately the B & W website will not allow me to upload it to the forum. Furthermore, I cannot locate this very useful DLA decision anywhere else online. However, you may be able to obtain a copy from a CAB or welfare rights office?

The second is CDLA/12912/96 which deals with claimants who suffer from mental illness/mental health problems and who require assistance with night care needs, and is available by scrolling down this list of Commissioners' Decisions HERE. .