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Assessed on invisble walking aid

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12 years 5 months ago #74526 by Annies Granny
Assessed on invisble walking aid was created by Annies Granny
I am just reapplying for DLA for my daughter who has arthritis. She has already been turned down twice and looking at the notes from the last tribunal cannot believe this. The tribunal agree that she cannot use a walking aid because her hands are deformed but nonetheless if she could use an aid she could walk 50 yards and they have turned down her claim.

What will they come up with next? Agree that you have no legs but you could walk if you had them. Or that becasue you have a wheelchair you are mobile.

It's the same with the care. Because the OT has given her a bed lift and bath lift they have said she can manage OK. Surely the point is that she cannot manage without them.
The doctors, hospital and test results all confirm she can't walk. The decision makers said she can. There doesn't seem to be a way past this.
If you hear a sound reading this it is me screaming with frustration.

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  • michaelg
12 years 5 months ago - 12 years 5 months ago #74535 by michaelg
Replied by michaelg on topic Re:Assessed on invisble walking aid
Annies Granny wrote:

I am just reapplying for DLA for my daughter who has arthritis. She has already been turned down twice and looking at the notes from the last tribunal cannot believe this. The tribunal agree that she cannot use a walking aid because her hands are deformed but nonetheless if she could use an aid she could walk 50 yards and they have turned down her claim.

What will they come up with next? Agree that you have no legs but you could walk if you had them. Or that becasue you have a wheelchair you are mobile.

It's the same with the care. Because the OT has given her a bed lift and bath lift they have said she can manage OK. Surely the point is that she cannot manage without them.
The doctors, hospital and test results all confirm she can't walk. The decision makers said she can. There doesn't seem to be a way past this.
If you hear a sound reading this it is me screaming with frustration.


Hi Annies Granny

With DLA its the help that is required from someone else that may lead to a component being awarded.

The B&W guides are specially written to give claimants the best possible chance of being successful. You will find them in the orange Members Only section.

The DLA forms are lengthy and repetitive. Its essential to complete all boxes fully, otherwise the Decision Maker will not be able to make a decision, or may turn your daughter's claim down, or give a lower award.

If your daughter's claim fails, you can of course appeal. How to appeal is also in the guides.

Kind regards

Michael
Last edit: 12 years 5 months ago by michaelg. Reason: spelling

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12 years 5 months ago #74536 by Gordon
Replied by Gordon on topic Re:Assessed on invisble walking aid
Annies Granny

I am no expert in this area, so you should not take my comment in isolation, but should verify it with someone with experience in DLA Claims, however...

Regulation 12 of the DLA Regulations 1991, subsection 4, paragraphs (a) and (b) states;

(a)is not unable or virtually unable to walk with a prosthesis or artificial aid which he habitually wears or uses, or.

(b)would not be unable or virtually unable to walk if he wore or used a prosthesis or an artificial aid which is suitable in his case.

If an artificial aid is not suitable, as would appear to be the case from your post, then its use is precluded by 12.4(b)

Hope this helps.

Gordon

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

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