Attendance Allowance

[kags]

Is there anybody out there who has successfully appealed against a refusal of Attendance Allowance?My mother is 67, she broke her leg 4 years ago, and within the last 2 years the complications have meant she has become unable to walk more than a very short distance, and cannot climb stairs without being in agony. We recently applied for AA, and it was refused on the grounds that she can feed and wash herself. She does have a partner, but without him she would literally starve as she cannot get to the local shops. Nor could she get to doctors, or hospital appointments etc. I am her only family, and I live more than 300 miles away.

If she were under 65 she would probably successfully claim Disabled Living Allowance, as that takes mobility restrictions into account. AA however, does not (how unfair, and discriminatory - once you're 65 then it's really not a problem if you are housebound!)

Anyway, my question is whether anyone has been in a similar situation, and if so whether it is worth appealing this decision. The decision was made without a doctor's examination.

[Kathyan]

I am going back to the early 90s when my Mum applied for AA and was turned down at least 6 times. They changed the rules and said in the press that anyone who had been turned down for AA in the past should apply again, and they would get it. My Mum applied again, and was turned down! She said that she no longer wanted to apply for it and refused to appeal. I contacted my local MP and within two weeks she had been awarded AA and received �700 back payments. My Mum had suffered three strokes in the year previous to applying for AA the first time, yet I knew people who were in much better medical health than my Mum, who had no trouble getting it. Appeal, appeal and keep appealing until she gets it! Good luck.

[themas]

I agree you should not give up if you are convinced she meets the criteria - the problem is the one you have identified, i.e. mobility is not taken into account. If her difficulties are entirely mobility related, then (regrettably) it may be that she does not meet the criteria.

It can be difficult to know how to answer properly some of the questions on the form - perhaps she could get help with the appeal from her local CAB or Age Concern or Help the Aged.

[kazza12345]

it is always worth appealing a decision you dont agree with. I have a theory that they turn you down first time, just to see how determined you are anyway. From what you are saying it does sound like she dosent fall within the criteria though, which is basically hard cheese but fair (you wouldn't expect her to be entitled to family allowance, or job seekers allowance, because she dosent fall in those categories)

when she answers the question on the forms, it's worthwhile imagining answering as if it were the worst days she experiences, rather than do what most people do, which is naturally to think "i can do that" You may have a local welfare rights (in the phone book) or a staying put type of association that could help her with an appeal - where in the country do you live?

if money is a problem, she could always try applying for pension credits.

[kags]

thanks everyone. I understand what you are saying about accepting it if she doesn't qualify - I guess I am just exasperated that there doesn't seem to be any help available, and they struggle on like an elderly couple when they should be enjoying their retirement! And whilst I know you shouldn't compare other people's situations, I do know that my step-mum gets AA, and she is much more able to live independently. That adds to the frustration. I think I will contact Age Concern for some further advice. She is in Devon, and I can't get down there to help her much - plus she is from the generation of people born during the war, who seem to not want to cause a fuss about these things.....

[sandbach99]

This appears to be the hardest benefit to claim, the fact that your mother cannot get to the shop to buy food does not count, what does count is that she cannot prepare the meal ie she cannot safely carry a pan of hot veg or meat from the stove to her plate. Or/and that she cannot wash her hair as she has to hold on to her stick or the basin, these are the things that count, useually they are the things that you automatically adjust for.
DLA is equally hard to claim I made a claim for mobility which was refused when I phoned to ask why I was told my bronchitis was not bad enough, I told the girl that that was not surprising as I do not have bronchitis I have bronchieactisis a totally different disease to which she replied it makes no difference its' not bad enough, Part of my lungs have been removed and the rest are infected.

Appeal and try the CAB although they do not always manage to win, have you a copy of the form if so read it carefully work out what your mums' partner does for her like putting tights/stockings on for her, cooking because mum isn't safe doing it.
Re mobility make sure she states exactly how bad she is.

[THECORBYLOON]

There is an organisation called D.I.A.L Disability Information and Advice Line who may be able to advise on other sources of help. There may be a branch in yir area (we have one in Corby and I know there are branches elsewhere.) Their website is here

[sandbach99]

Sorry must have pressed wrong button,
If you havn't got a copy of the form it may be better to make a reclaim rather than appeal even though you will lose a few weeks benefit, if they query why you have changed the information explain that your mother did not explain how bad she really was when you helped her to complete the form. The trouble with an appeal is that she may be asked to attend a panel which could be stressful and your mum may make out she is better than she really is.
I see some are saying that your mum does not come into the catagory for this benefit I disagree, this benefit was brought in to allow a disabled person to pay for any help they need as a result of their disability, but then omit questions re buying food or cleaning their home.
Find out how much your mum really can do and what her partner is now doing for her, a partner nearly always takes over the things mum can't do and won't tell you because she doesn't want to worry you.
I worked for the benefit agency for 20 years and could never understand why people who who were long term sick and had been told by doctors, hospitals or social workers to claim were refused often they gave up due to the stress, now on the other side of the fence I realise that it is really hard to claim your entitlement.
I think the DLA/AA claims are assessed by young, bored, fit and healthy individuals who have no idea what it is like to be ill/disabled and have targets to refuse as many claims as possible.

Try ringing freephone 0800882200 a helpline for people with disabilities, also if they have a car don't forget the blue badge.
Do not give up, good luck, get what your mum is entitled to.

l

[THECORBYLOON]

sandbach99, being in receipt of Attendance Allowance goes not entitle you to a Blue Badge, are you thinking on the Higher Rate DLA Mob?

[sandbach99]

Corbyloon A blue badge is available from the county council if you are entitled I only mentioned this incase kags had not thought of it.

I am almost certain that the higher rate of mobility payment entitles you to free tax on your car.

[kazza12345]

in furtherance to my previous answer, i would suggest that maybe the reason she didnt get it is because she didnt tell it how it really is if she is "of a generation" that likes to make things look rosy - the form is very depressing and even admitting to yourself you cant do certain things is hard, but admitting it in writing to a faceless stranger is even harder!

thus when filling out the forms people tend to err on the optimistic side rather that the worst case scenario.

Although its not the same, i have appealed twice against a decision about dla, and finally won (including backdating of almost 1 year) ... what finally did it for me was that they asked my gp to fill in a seperate form, and they believed her (not that they had believed me, even though our answers were the same!)

Lastyl, is your mum in contact with a district nurse? It helps if you have a professional sign the bit at the back where it asks for it

[Yorky Lass]

Tell The Pension Service 0845 60 60 265 and ask for Local Pensions to visit your mother to help her with an appeal. They know how to complete an appeal to the best effect. It's no guarantee of course.

[kags]

thank you to everyone for your helpful answers and suggestions. I am going to contact the various agencies suggested, and take advice about whether to appeal.