how to appeal against a social service assessment?

[robinw]

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Some local council social services depts have units that give advice on benefit type matters that might be able to help. There is a definitely an appeal process and it can go as far as a tribunal but it helps to have someone to guide you through the process. I get the impression that faulty medical assessment is a common problem (if you were cynical you could think it was so they dont have to pay out). I will consult my Mum who used to work for such an outfit and report back. In the meantime, would one of the old age charities be able to help with general advice?

Contact social services duty officer and note their name, date and time of phonecall and explain the situation.
If they are unwilling to help get hold of the CAB and ask for advice there.Also try GP or her consultant.
If CAB tell you that social servies CAN help, make sure you write an official complaint with the details listed above.
Sorry cant give anymore advice.

I think you need to speak to the Benefits AGency asap to ask about appeal. There will be a set protocol for what you have to do and time limits. If it is outside the time limit then you can reapply stating changed circumstances e.g. things have got worse, but you'd need Dr's evidence probably. You can look up Benefits Agency on the internet. Good luck.
P.S. Jimjams is busy today with ASD son's first day at school (finergs crossed for her)

sorry robinw- we haven't seen hide not hair of social services ever and I prefer to keep out of their way to be honest.

Does she have a community nurse? It might be worth contacting them, I know my mum deals with SS quite a bit or if she's getting confused then maybe the mental health team. This is just guess work I;m afraid though. I'm seeing my mum later so I will ask her.

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Agree with all of the info and advice given here so far. Also it may be worth writing a letter to your Head of Health and Social care (in the Older Peoples services Dept). This person is basically the one below the regional SSD Director and is the person who is most likely to be proactive. If you get no joy from there (ie your letter is read, out aside and seemingly, not actioned), you are perfectly within your rights to write to you local MP.

I used to work for my local Social Services Dept, as PA to the Learning Disabilities Director, and those letters whoch came from an MP ALWAYS got actioned as a matter of priority. Sad I know but you need someone with clout to make your voice heard, nowadays.

I DO think you need to start a formal appeal with the Benefits Agency, no matter who you also contact at SS etc. ALso local Councillors are very useful with this sort of thing. GOod luck.

No thanks robinw- There is a lot more cash for the oldies - the only thing I would asl for is direct payments and I don't think I'd get it at the moment (although davros may be able to persuade me otherwise). Friend of mine with an autistic daughter (who is a handful) and a ds with epilepsy and no help and a dh who is away for 8 weeks at a time working was offered a lousy 2 hours a week direct payments. They said "we know you need more but you're not getting it". She can't go out of the house with the 2 kids without another adult. Think I'll just keep on using my mum.

Robin,

attendance allowance (now known as Disabled Living Allowance) comes from the Dept of work and Pensions, nothing to do with Social Services. It's quite possible that Social Services don't know anything about your neighbour. If she has no-one to care for her, then you need to inform social services immediately, but be aware that they will probably put her into a home or hospital, at least temporarily.

The dept of work and pensions will send out forms for reassessment, but someone (you? or a relative/carer will need to fill them in).

Agree that contacting your neighbour's GP might be useful, or community nurse. Often these professionals aren't aware of a deterioration in thrir patients condition, just cos they don't visit often enough.

Does your neighbour have relatives. They need to be involved at this stage I think

Oh and JimJams, I agree that you want to stay away from social services if possible. I acquired a Social worker recently cos of my probs, and the bureaucracy is horrendous.

having said that the direct payments are useful (or would be if I could find anyone to pay).

Robinw, sorry to be nosy, but is this the same neighbour as before? I'm afraid I don't have any advice, but you're a wonderful person to care so much.

Spoken to my Mum. She said this is fairly normal in her experience and you need to go back to her SW! They did the same to my grandmother - who was also getting confused. IN the end my mum told my grandmothers SW that she would hold her personally responsble if anything happened to my grandmother. At that stage they did something. Unfortunately it's the usual. Fight fight fight

no knowledge of this I'm afraid robinw, but the world could use more neighbours like you out there .

we have similar experiences with SS re dh's grandmother - who has significant demensia but GP fails to commmit himself to this! and SS have been crap - they dont keep an eye on things unless badgered and i mean really badgered by relatives... then the problem seems to be that if they are aware of there being a concerned 'other' they continue to do nothing. If I were needing a reassment of grandmother I would make the benefits agency my first port of call and insist that circumstances have changed and she needs additional help these days. It really is all an uphill struggle isn't it... we face same issues a lot. If there is a named social worker, write to them stating your concerns and ask them to contact you. Once things are on paper they have to be kept in a file and that can make things happen. If you get no answer within a month, write a follow up stating you're concerned about lack of reply... that sometimes works and at least they will realsie that they cant igore you. hope things improve

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Please, please contact the Benefits Agency. I believe they are the only people who can make a change in the amount of money she gets. They may well consult the GP, SW etc but I really think nothing will happen unless they are contacted. They will also back date any extra pay from the date they are contacted.

Robinw This ihas probably been covered by others as it takes a while to track down my mum but the following may help...
To appeal all the phone numbers you need and the deadlines will be on the paperwork that gave the initial decision. You can phone (you will need the attendance allowance unit of the benefits Agency) for "verbal reassessment" and if they have really messed it up that may be enough to get it changed. It needs to be very heavily stressed that the lady is wandering about in the night etc Otherwise you will need to appeal in writing in which case it really helps to get CAB or a local authority benefits advice unit person (if there is one) on the case, as they will know the procedures and contacts.
The disability rights alliance do a handbook of advice on benefits but you must have an up to date one as the rules change a lot.