what now? do i give up?

OK am after some general opinion here. I applied for DLA in December and was turned down so I asked for appeal and took my bundle to a local community legal service solicitor. I have now had a letter from the solicitor saying that they do not think the appeal would be successful and they can give no more help.

The reasons they give for saying they do not think I would be entitled to DLA appear to go against the advice given on this site and would appear to conflict with the case law presented on this site

Having used a diary for evidence of my needs the solicitor has said that by and large I appear to “manage” - however the only reason I “manage” is either I already receive the help needed or because I have made my own adjustments so I can get in by without help but I do not feel these adjustments are within the bounds of a normal healthy person and I do not think they show that I do not have a reasonable requirement for help.

Briefly I can up on my own - but without help it can take up to 3 hours because my medication knocks me out and I keep falling back asleep - I do not choose to do this I cannot help it

I get out and about - because I have help to do so - without the help (friends and partner) I would not be able to go out except on odd days to do absolute essentials

My problems with personal hygiene have not been mentioned at all by the solicitor but basically I cannot have a bath/shower daily as I find it too exhausting and when I do have a bath I cannot do my hair except by lying down in dirty bath water. I often have to return to bed for an hour to rest up afterwards.

On the cooking test the solicitor has said that because I can write “extensive” lettters and and use a computer for email and such like this means I will have no problem following a recipe. This misses out the problems with exhaustion - I am often too exhausted to cook a meal and if I try I make errors which are dangerous, and the fact that on a computer I can correct mistakes and the amount of time it takes me to do an “extensive letter” - when following a recipe I make a mistake and miss an ingrediant out I cannot go back and fix it at the end and if something that should take 2 minutes takes me half an hour for resting and trying to work out what I am supposed to be doing (which is what happens on the very odd occasion I try this) then the food is ruined.
According to what I have read on this site the adjustments I have made do not make it unreasonable for me to require help but according to the solicitor I do not reasonably need help and so would not be successful at the appeal.

Should I drop the appeal and carry on as I am or should I carry on fighting this on my own? I am intelligent enough I think but I may be reading things wrong and I am now not sure what I should be doing

Any opinions anyone?

Hi Velvet, If i were you i would take all your paperwork to a welfare rights officer. (your local concil offices should help locate one for you). At the very least get another opinion before you do anything. but do it ASAP because of the time limits involved for appeal. Good Luck

Don't give up Velvet, thats what they want you to do.. there are massive cutbacks being made this week in the Legal Aid provision so that's maybe the real reason why they couldn't help.. see www.guardian.co.uk/law/2010/jul/14/legal...immigration-shake-up. Even a lot of courts are being shut down...you do sound intelligent enough to at least give it a try..It is a struggle and you will feel like giving up but don't.

5 solicitors will give five answers all different 2 will say good case 2 bad and one will sit on the fence, the only answer what counts is what they decided at the appeal and till you give them a chance you dont know that answer they might not give you dla and they will tell you why, but you have nothing to lose by trying go for it

thanks everyone - i am glad the overall thing is to still go for it. i do think i have grounds but i dont want people to think i am scrounging.

all i can do at the end of the day is go to appeal and say yes i know i am managing but case law says its not if i manage without help its if i reasonably need help which i think i do.