- Posts: 371
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Higher Mobility, but still lower Care, any ideas?
Higher Mobility, but still lower Care, any ideas?
- Mark Herridge
- Topic Author
This was sent with supporting medical evidence from my GP and Consultant.
I am virtually housebound and my partner does virtually everything foe me now as well as looking after our 2 daughters for which I cannot do due to my ill health.
One of our daughters has recently started with Epilepsy, and our older daughter has Asthma, so as you can guess things are quite erratic at times.
We wanted to get the middle rate care component so that my partner could claim carers, but instead they awarded me the Higher rate mobility, while this was a surprise and welcomed raise we are still at a loss as to why they never raised my Care Component, I want to ask them to look at it again, but I am worried that it could all be stopped.
I have CFS/ME, Depersonalisation, Social Phobias and loads of other terrible ailments, this all started back in 1994, and no one knows why, but I found the trigger last year, a Tick infected with Lyme Disease, I was a Continental lorry driver for 20 years, but had my licence revoked by my Neurologist in Feb 2011 because of dizziness, balance problems and Migraines with Aura.
My life is over as far as I can see from now, I am in terrible pain 24/7 but will never give in, I am not a quitter, but I must say the way this is going with the DWP I am amazed I have kept going, although my partner is the one doing all the leg work, we are treated like animals at times.
We have been advised to see if we can get DLA for our youngest daughter, I am not sure yet.
Any advice or pointers would be great, I appreciate that so many have tried to claim and failed, I would only advise that using the CAB was the best thing I ever did.
Many thanks
Please Log in or Create an account to join the conversation.
- Puccalove
- Offline
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51158
You can challenge the Decision, but you should be sure that you meet the requirements for MRC as the whole of your current award will be looked at.
The first thing you need to ascertain is whether you are subject to a Mandatory Reconsideration or not, if you are then this information should have been included with your latest Decision notice.
If you are then you must first request the DWP Reconsider this latest Decision, unless you have new evidence it is unlikely that they will change the Decision. Once the DWP have completed the Reconsideration they will send you the information to lodge an appeal directly with the Tribunal Service.
If you are not subject to a MR then you can appeal immediately.
In both cases you normally have one month from the date of the latest Decision to take action.
I see that you are a relatively new member of B&W so it may help you to look through our DLA Claim guides, which are on the following link
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
and
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
The following FAQs
may also be of assistance
DLA Medical – What forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
If you have any questions about the process or your claim, please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- bro58
Welcome to Benefits and Work
Just noticed that your forum name may also be your real name, if it is you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions on this FAQ :
My full name is showing, how can I stop it?
bro58
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
- Posts: 2076
Mark Herridge wrote: After winning my Tribunal in February 2013 for ESA WRAG, DLA Care & Mobility both Lower I applied to the DLA for a change of circumstances.
This was sent with supporting medical evidence from my GP and Consultant.
I am virtually housebound and my partner does virtually everything foe me now as well as looking after our 2 daughters for which I cannot do due to my ill health.
One of our daughters has recently started with Epilepsy, and our older daughter has Asthma, so as you can guess things are quite erratic at times.
We wanted to get the middle rate care component so that my partner could claim carers, but instead they awarded me the Higher rate mobility, while this was a surprise and welcomed raise we are still at a loss as to why they never raised my Care Component, I want to ask them to look at it again, but I am worried that it could all be stopped.
I have CFS/ME, Depersonalisation, Social Phobias and loads of other terrible ailments, this all started back in 1994, and no one knows why, but I found the trigger last year, a Tick infected with Lyme Disease, I was a Continental lorry driver for 20 years, but had my licence revoked by my Neurologist in Feb 2011 because of dizziness, balance problems and Migraines with Aura.
My life is over as far as I can see from now, I am in terrible pain 24/7 but will never give in, I am not a quitter, but I must say the way this is going with the DWP I am amazed I have kept going, although my partner is the one doing all the leg work, we are treated like animals at times.
We have been advised to see if we can get DLA for our youngest daughter, I am not sure yet.
Any advice or pointers would be great, I appreciate that so many have tried to claim and failed, I would only advise that using the CAB was the best thing I ever did.
Many thanks
As others have said you could ask for the DWP to only consider the care component. However, as DLA is a single benefit with a care & mobility component, they are entitled to look at both components, so it's possible that your mobility component could be lowered.
I'm afraid I cannot comment on your youngest daughter as you haven't stated what mobility and/or care needs she may have.
My advice would be to seek 'face to face' advice from a benefits adviser in your area. The easiest way to do this is to Google benefits advice and add your postal code.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.