care part still lowest

thanks for that would you leave it for a while and then fill out another form to reclaim if so how long would we wait till the reclaim because i said if we make a daily diary of the things that happen also get the dr involved when we visit then put a claim in about march 2013
thanks pete

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 should be aware that your First-tier Tribunal Decision can only be appealed to an Upper
Tribunal if they have made an Error of Law

Gordon has advised that you seek a supersession, but a First-tier Tribunal or Upper Tribunals
decision can only be superseded under the following circumstances :


Superseding a tribunal’s or Commissioner’s ( now called Upper Tribunal) decision

[SSCS (D&A) Regs 1999 6(2)(c)]

Decisions of tribunals and Commissioners can be superseded in either of the following situations:

Where they are made in ignorance of a material fact, or based on a mistake about a material fact, where there has been a relevant change of circumstances since the decision was given.
If the decision to be superseded is more advantageous to you than it would otherwise have been.

if the tribunal or Commissioner had known all the facts, payment of benefit will be changed from the same date that the tribunal’s decision or Commissioner’s decision took effect. In any other case, the payment would increase from the date of the application or the date the new decision is made. [SS Act 1998 10(5) SSCS Act (D&A) Regs 1999 7(5)]

You really need 'face to face' advice from a benefits adviser with a good knowledge of DLA Tribunals who will be able to access your case files and advise you accordingly.

You could try your local Citizens Advice, but many are no longer able to take on casework due to cut backs in the grants they receive.

The easiest way to find an adviser in your area would be to Google 'benefits advice' and include the town or city in which you live.

As moderators we cannot advise on individual claims since we cannot access your case papers.

I hope you can find some help from an adviser or agency with good knowledge of DLA appeals and supersessions.

Good luck.

Jim
former DLA Tribunal Member.