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DLA care component refusal again

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11 years 2 months ago - 11 years 2 months ago #97995 by ZaksMum
DLA care component refusal again was created by ZaksMum
Hi all,

I suffer with Fibromyalgia, Joint Hypermobility Syndrome, Agoraphobia, Anxiety & Depression.
I first applied for DLA in September 2011. I had 2 cancelled appointments with Atos, who then made a home call on Xmas Eve 2011. After their medical I was only awarded the low rate mobility, and this was for the agoraphobia, nothing else. I didn't go to a tribunal as I had been so worked up with the cancelled appointments (I was supposed to go to their building).
I moved to Devon in April last year and then reapplied for DLA in November last year. I went to the CAB for help filling the form in, they commented that I should at least have received the low rate care as I am unable to prepare a cooked meal for myself, but I received the decision today and nothing has changed.
They are using the medical report that they received in 2011, from Atos, even though I'm around 100% worse than I was then. It's like they haven't even read the form that I sent in at all. They say that I can prepare a meal, I can't. I can get in and out of bed, I can wash & bathe, I can dry myself......I can't. All this was written down on my application & I feel like they have paid no attention to it. I phoned them and they said they would send out an appeal form that would have to be back in by February.
This disease is progressive, I'm having more bad days than good now, but I'm worried that they are still going to turn me down.
To top things off I have been told I have to go to the job centre for a work appointment as my hubby has been off work for more than 6 months (high rate mobility, low care). With agoraphobia this is going to totally freak me out as I don't deal well with people face to face and I'm going to have to travel more than 20 miles to the job centre. It isn't until the end of January and I'm already starting to feel sick at the thought.
Would anyone have any advice as to how to fill out the appeal form please? I'm just all of fluster at the moment. Thank you :unsure:
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago - 11 years 2 months ago #98000 by Gordon
Replied by Gordon on topic DLA care component refusal again
ZaksMum

Let's deal with what I assume is a WFI first. Unless excused, you need to attend this as your husbands benefit could be sanctioned, however, I would suggest you contact the advisor at the JC+, and explain your health conditions, they may be willing to hold the appointment over the phone, I think it unlikely they will hold the meeting in your home, or they may offer to defer it, although I suspect that this is merely postponing the problem. You can take someone to the appomintment if it will ease your agrophobia.

With regard the DLA, the following FAQs explain how to lodge one.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Our DLA appeal guide explains more about the process

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

You might want to have a look at our Appeal FAQs

www.benefitsandwork.co.uk/appeals-faq

If you have any specific questions, please reply to this topic

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.
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