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some DLA problems

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12 years 2 months ago #81181 by banito
some DLA problems was created by banito
I have some problems..

I think i'm entitled to middle or higher rate care.

I have an autistic spectrum condition that causes me problems with mobility and care..

My social worker was ill and didn't read the form I wrote, then got the call from the DWP. I had spoken to him largely about cooking problems and he only mentioned that. Lo and behold, I ended up with low rate care. He mentioned nothing about problems I have during the day.
He also said i'm not depressed, which I think is incorrect, though I don't have a diagnosis for depression, I clearly am.. and I hope him saying i'm not isn't a problem later..

He also keeps trying to get people ot come in and help me.. but somebody coming in and helping me brush my teeth is extremely depressing as well as humiliating and it's an attack on my freedom, removing the freedom from me to try to struggle with it myself.. He also wrote that he thinks I can't cope outside of assisted living accomodation.. And I worry that if I got a place in the private sector with Local Housing Allowance, i'm not sure if his remark could cause me a problem..

He is willing to write a letter..discussing about problems I have during the day .. but another concern I have is the difference between help you need and help you get and so on..
If I don't get help then fine but what if there's an indication that I don't -want- help? Is that a problem?

And what if having somebody come in depressed me then maybe one could say it doesn't help and thus perhaps I can't be helped by that, then that may affect it mightn't it?

How is he to talk of me needing help - I have significant problems and the take an unreasonable amount of time, but then can he talk of me not wanting help? or help not helping..

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12 years 2 months ago #81184 by Gordon
Replied by Gordon on topic Re:some DLA problems
banito

To be awarded Middle Rate care you need to show you have care needs during the day OR night.

To be awarded Higher Rate care you need to have care needs both day AND night.

You need to show you have a requirement for the care, you do not need be actually receiving the care.

Have a look at our DLA claim guides on the following link, to get a better idea of what you will need to show, if you want the DWP to Revise your current award.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

Gordon

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

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12 years 2 months ago #81188 by banito
Replied by banito on topic Re:some DLA problems
I know

So a social worker can just say I need without saying anything he's doing to help?

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12 years 2 months ago #81190 by Gordon
Replied by Gordon on topic Re:some DLA problems
banito wrote:

I know

So a social worker can just say I need without saying anything he's doing to help?

In principle, yes, although it is very unlikely that you would be awarded anything on just their say so.

As I said in my previous post, have a look at our DLA claim guides for a better understanding of what the criteria for MRC or HRC are.

Gordon

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

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12 years 2 months ago #81191 by banito
Replied by banito on topic Re:some DLA problems
I have done a very complete DLA form.. he just didn't support it well in his conversation. He only mentioned cooking issues. See my post.

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12 years 2 months ago #81192 by banito
Replied by banito on topic Re:some DLA problems
also that's all there is isn't it.

His saying so and My saying so on the form in detail. YES I did follow the guide. It failed..

As I said, if you see my post, you see why.

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