I deal with people via email quiet often and over many months. I am grateful to them for sharing their experience with me as it builds the picture.

I would like to relate to you the following, the person has allowed me to add this to the blog. 

It demonstrates how with determination you can succeed.  This is about a completely new claim and not one subject to review.

A friend of mine related to me that they had submitted a first application for DLA. Knowing the medical issues even an objective comparison to the DWP's guidelines would have given this person an entitlement. But no. They declined his application. This is a trend. The DWP seem to do this on new applications. I also have noticed these are usually successful on an appeal.

So he submitted an appeal. He asked for written. He kept every document, letter & fax he had sent. It was during the time he was waiting for the decision that he shared his experience with me. From the advice gleaned from others I was able to suggest an Oral appeal would have been a better route and to bear it in mind moving forward.

The appeal decision upheld the original decision.  Going through it. It was clear this was flawed. On the basis of no full medical evidence requested by the DWP. But also they had looked at each condition in isolation and not the full impact of ALL the conditions daily.  

Fortunately this person, knowing he was being treated unfairly channelled his anger in to action.  Found himself a HIV welfare rights worker. Then began the process of challenging this decision to the Commissioners.

At the same time he filled in a new claim for the DLA.

A letter came back informing him that the Written Appeal was incorrect and he was scheduled to have an Oral appeal in August.

Then this week he received a decision on his new second claim. He was awarded Higher Rate Care & Higher Rate Mobility - which is what he was entitled to given the DWP guidelines.

All this over about 9 months.

Mindful of the statistics from THT - click here.

It would seem that Appealing, Standing your ground and having the determination to see it through can result in more positive outcomes. Yes there is a risk with any appeal - your case is looked at again and their is a risk you could end up with less. So it has to be weighed up by every individual as only you will know your circumstances.

Thanks to my friend (you know who you are) for allowing me to share his story, for his courage and determination.