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I'm disabled, but they didn't believe me!

Paul Winter is aged 25. He lives in Birmingham.

I've had epilepsy for a few years. I've found that it really affects what I can do because the seizures can happen at any time, and I'm worried about having a seizure when I'm on my own. My doctor suggested that I should try applying for Disability Living Allowance (DLA).

I filled in the form myself, which took ages because there are pages and pages to fill in. Eventually, I got a letter from the Benefits Agency saying I was entitled to the care component of DLA at the lowest rate only. I was quite upset by this decision. I didn't think they understood how much the epilepsy affects my life. It felt like they just didn't believe me.

I went to see a benefits adviser at the local Law Centre, who asked me about my epilepsy. I explained that I am taking medication to control the epilepsy but that I still have seizures. Sometimes I can tell just before I have a seizure and I have time to go and sit down, but other times they happen without any warning. I usually feel totally disorientated for quite a while after a seizure as well, so I really need someone with me, particularly when I'm outdoors.

The adviser said I should be entitled to the mobility component of DLA, and advised me that I could appeal against the decision, but there was a chance that I could lose my existing award if the appeal wasn't successful. I decided to go ahead with the appeal. My adviser got a copy of the form I'd filled in, and reckoned I hadn't given enough information to show how my condition affects me from day to day. She suggested that I should keep a diary to show how often the seizures happen, and asked for a medical report from my GP.

My adviser came with me to the tribunal. The worst part was waiting to go in, but once we were in there it was ok because I got to explain about what happens when I have a seizure, and the impact that my condition has on my life.

My appeal was successful, and I was awarded the lower rate of the mobility component as well as the care component of DLA, which was a huge relief.

If you think the DWP have made the wrong decision about your claim for Disability Living Allowance (DLA) or Attendance Allowance (AA), and want it to be looked at again (or are thinking about it) see our guide Turned Down For DLA or AA? Think you are not getting enough? (643 KB).

January 2010

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