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Higher Mobility, but still lower Care, any ideas?

  • Mark Herridge
  • Topic Author
10 years 3 months ago - 10 years 3 months ago #116050 by Mark Herridge
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
Last edit: 10 years 3 months ago by Gordon.

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10 years 3 months ago - 10 years 3 months ago #116055 by Puccalove
You could ask them just to look at the care component again but they are entitled to look at the whole claim. As you were surprised by the raise in the mobility this would suggest to me that you do not have clear entitlememnt. Appealing or asking them to reconsider would leave your mobility and care component vulnerable to being reduced. I'm not saying this is likely but I have had it happen to some of my clients so I know it is possible. So I would go back to CAB before deciding. You could always put in an appeal now so your within the one month limit and then seek advice as to whether to proceed or withdraw from the appeals process.
Last edit: 10 years 3 months ago by Puccalove.
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10 years 3 months ago #116056 by Gordon
MH

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
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  • bro58
10 years 3 months ago #116058 by bro58
Hi,

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 :

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bro58

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 3 months ago #116067 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Higher Mobility, but still lower Care, any ideas?

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
The following user(s) said Thank You: Mark Herridge

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