Attendance allowance advice

happyfella

My sister in law has been turned down by Attendance Allowance. She now has gone through the stage of an independent review but not sure what happens.

The review is being done over the phone.

She is 67 and was told to put in for it but she kept on getting turned down. She has arthiritus in her hand, and has hip and knee problems, and also cataracts in one eye.

She struggles each day but she has now got the independent review as they keep turning her down but not told her why. One did say to her that she is not entitled because she is well enough to look after her partner who is disabled. But she struggles doing this and she receives help from her son each day after work.

Can anyone let me know what she can expect and what she should be explaining to them. The letter has said it could take up to two hours, but she is really nervous over the phone and worried she will not get her point across.

chiarieds

There's some info here about challenging an AA decision with a Mandatory Reconsideration which may be helpful: https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/attendance-allowance/attendance-allowance-appeals/attendance-allowance-mandatory-reconsideration/

Did she write a Mandatory Reconsideration (MR)? The reasons for refusing her AA should have been in her decision letter from the DWP. Has she done a MR, & now appealing to a tribunal? If so, please see: https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/attendance-allowance/attendance-allowance-appeals/appeal-an-attendance-allowance-decision/

happyfella

I was at my sister in law today and read her appeal letter which i was shocked at. And, my sister in law is confused. She has her appeal with a judge and clerk over the phone i think next week but she wants to know what to expect. if anyone can advise if they have been through this over the phone. also, the letter says they agree she struggles but the recondiseration request  turned her down because and I quote does not need prolonged or repeated attention in connection with bodily functions from another person or

2. Another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over them in order to avoid substantial danger to themselves or others.

What I cannot believe is how much she struggles and how much help her son provides. She struggles to get out of a chair and other things, but it says on the letter that even though they know she struggles, they feel that she can do things even though it may take her a long time. on part of the letter it mentions that it may take an hour longer to do something but slowly but surely she will get there in the end.  (what type of statement is that)

can anyone let me know if they have any advice for the telephone appeal with the judge.

2oldcodgers

happyfella said:

What I cannot believe is how much she struggles and how much help her son provides. She struggles to get out of a chair and other things, but it says on the letter that even though they know she struggles, they feel that she can do things even though it may take her a long time. on part of the letter it mentions that it may take an hour longer to do something but slowly but surely she will get there in the end.  (what type of statement is that)

can anyone let me know if they have any advice for the telephone appeal with the judge.

That statement is almost as identical as the one my wife received from our LA when she went for three Blue Badge assessments.
She was denied those applications because they assessed her as being able to walk from A to B although at a very slow rate and in pain with frequent stops along the way.

As for the AA claim, again it took my wife (with me writing out the claims as her hands are useless because of arthritis) four attempts between her age 71 and 75 to get the award. You have to persevere.

happyfella

so, my sister in law had her review over the phone in front of a judge, which went on for an hour. And they have turned her down again for the same reason. She struggles like mad, but they were more interested in her husband and how she helps him. She was crying on the phone because she struggles like mad. She has to have a comode and she has a lot of health problems but they turned her down.

It does make me feel sick that when people really need help they don't get it, but when people jump on a boat and come to this country they get looked after. She has paid into the system all her life and have never asked for anything until now. But it seems like if you were born in this country you are a second class system.

Just makes me angry that people who come over on a boat, which are 90% men, are given four star hotels and money and everything else, but those who have worked all their lives and now struggle get nothing.

There is something seriously wrong with this country