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care part still lowest

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12 years 5 months ago #72480 by doormat
care part still lowest was created by doormat
i have just got my partners decision back got the high rate mobility indefinite
lower rate care indefinite
preparing a cooked main meal
you need help to
use a cooker
use kitchen tools
carry and lift safely
the care rate states she needs help with
get in and out of bed
use a bath or shower
dress and undress get up and down the stairs
at your own speed you can safely
get in and out of char
move about indoors
day supervision
you are
aware of common dangers
at risk of dizzy spells or blackouts
night time
need help with toilet needs
but they then say she doesnt need supervising during day or night so only get lower
should we appeal
thanks

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  • pete17971
12 years 5 months ago #72483 by pete17971
Replied by pete17971 on topic Re:care part still lowest
doormat wrote:

i have just got my partners decision back got the high rate mobility indefinite
lower rate care indefinite
preparing a cooked main meal
you need help to
use a cooker
use kitchen tools
carry and lift safely
the care rate states she needs help with
get in and out of bed
use a bath or shower
dress and undress get up and down the stairs
at your own speed you can safely
get in and out of char
move about indoors
day supervision
you are
aware of common dangers
at risk of dizzy spells or blackouts
night time
need help with toilet needs
but they then say she doesnt need supervising during day or night so only get lower
should we appeal
thanks



Hi,

It maybe worth reading the guide in the members area regarding DLA Appeals available from this page:

www.benefitsandwork.co.uk/help-for-claimants

which explains the appeal process and what to do if you think a DLA claim is wrong.

It must be stressed however, in asking for either a reconsideration and/or appeal (during which a reconsideration is carried out)there is a risk, usually small, that ones already awarded components may be reviewed downwards or even lost entirely. Even if one only asks for one component of DLA to be looked at, they may review both components anyway.

As such, it maybe wise to get some face to face advice with a Welfare Rights Adviser/CAB who can go through the claim in detail and assess the relative 'safety' of the current award and the prospects of an increased award by reconsideration/appealing.

If you are asking for a reconsideration/appeal it is essential you inform the DWP in writing within one month of the award letter. This can be by a letter clearly explaining your request for a reconsideration/appeal or more usually by a GL24 appeal form available here:

www.dwp.gov.uk/docs/gl24dwp.pdf

Pete

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11 years 10 months ago - 11 years 10 months ago #85751 by doormat
Replied by doormat on topic Re:care part still lowest update
sent the appeal off in december got a soliciter to write it out and send it off got a letter due to high load dont expect to be heard before 01/10/2012
on sat 28/04/2012 they said they had another look at the claim and still think the same
does this usually happen as they looked at the claim again before we appealed then looked at it on appealing now they have looked again
thanks pete
Last edit: 11 years 10 months ago by slugsta.

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11 years 10 months ago #85760 by Gordon
Replied by Gordon on topic Re:care part still lowest update
doormat wrote:

sent the appeal off in december got a soliciter to write it out and send it off got a letter due to high load dont expect to be heard before 01/10/2012
on sat 28/04/2012 they said they had another look at the claim and still think the same
does this usually happen as they looked at the claim again before we appealed then looked at it on appealing now they have looked again
thanks pete

This is why we always recommend appealing from the outset, as whenever an appeal is lodged, the DWP are required to carry out a Reconsideration, even if the appeal follows a Reconsideration.

Gordon

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

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11 years 4 months ago - 11 years 4 months ago #93961 by doormat
Replied by doormat on topic Re:care part still lowest update
we have now had the appeal but was told there would be no change in the care level i have to keep with her the whole day and at night i get up with her at least once to go to the toilet sometimes twice and in the last couple of months she has fallen and cannot get up on her own but the tribunal said we could only say things that has happened from february this year so had to disregard everything else
the spokes man said he did not disbelieve us but perhaps very soon she would be bad enough
a disability lady on the panel said we could only talk about selfcare and cleanliness
thanks pete
Last edit: 11 years 4 months ago by slugsta.

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11 years 4 months ago #93978 by Gordon
Replied by Gordon on topic Re:care part still lowest update
doormat wrote:

we have now had the appeal but was told there would be no change in the care level i have to keep with her the whole day and at night i get up with her at least once to go to the toilet sometimes twice and in the last couple of months she has fallen and cannot get up on her own but the tribunal said we could only say things that has happened from february this year so had to disregard everything else
the spokes man said he did not disbelieve us but perhaps very soon she would be bad enough
a disability lady on the panel said we could only talk about selfcare and cleanliness
thanks pete

You need to consider your options carefully before proceeeding, see

Is there any risk to challenging a decision?

but if you believe that she should qualify for a higher rate of care then you can request a SuperSession on her claim.

In principle it is possible to have just the care component looked at, however, you must be aware that the DWP can extend the review to include any mobility award she has.

You need to show that there has been a deterioration since her last review, and this will need to be supported with relevant evidence.

As always, we would strongly recommend your getting face to face advice before making any decision on this.

Gordon

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

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