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DLA Indefnitally !
- Buckie
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10 years 3 months ago - 10 years 3 months ago #116364 by Buckie
DLA Indefnitally ! was created by Buckie
To my surprise, as I've had to go to appeal on both ESA and DLA, I opened the brown envelope this morning and well... I've been awarded High rate mobility for an indefinite period. Although I also know indefinite in DWP terms means until we ask you again which could be a few months time !
The down side is my care component has not changed, it's low rate and this time round the time spent on care has greatly increased. I'm sure now my partner will seek work, which is what the job centre is pushing for in any case. If this does happen, I'm back to square one at being house bound ! So how on earth can I progress back into caring for myself and then hopefully back into work again if I'm cast back into being house bound again.
My question is...
Is it worth asking them to look at it again to see if they would change their mind ? Then if not go onto appeal. I know there is a risk of losing my high mobility, but to be honest what's the point in having it if I can't get out and about ? Money, yes, it is extra, but my health is more important to me. I say that as, those past 4 months I've came on leaps and bounds with getting out more. A further point, is I don't really think I would lose my higher rate mobility award as in the past 6 months or so, I've had 2 appeals and won both on the grounds of being unable or virtually unable to walk !
Any help or suggestions would help .... Thanks
The down side is my care component has not changed, it's low rate and this time round the time spent on care has greatly increased. I'm sure now my partner will seek work, which is what the job centre is pushing for in any case. If this does happen, I'm back to square one at being house bound ! So how on earth can I progress back into caring for myself and then hopefully back into work again if I'm cast back into being house bound again.
My question is...
Is it worth asking them to look at it again to see if they would change their mind ? Then if not go onto appeal. I know there is a risk of losing my high mobility, but to be honest what's the point in having it if I can't get out and about ? Money, yes, it is extra, but my health is more important to me. I say that as, those past 4 months I've came on leaps and bounds with getting out more. A further point, is I don't really think I would lose my higher rate mobility award as in the past 6 months or so, I've had 2 appeals and won both on the grounds of being unable or virtually unable to walk !
Any help or suggestions would help .... Thanks
Last edit: 10 years 3 months ago by Gordon.
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10 years 3 months ago #116366 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Indefnitally !
Buckie
If this was the result of re-assessment of your DLA then you can challenge the Care Decision, you will first need to request a Mandatory Reconsideration of the Decision, the request can be made over the phone but we recommend following it up in writing. If The MR does not result in a changed Decision then you can appeal directly to the Tribunal Service.
If this new Decision was the result of an appeal, then you can only challenge it if you can show that there has been an Error of Law, to progress this you must first request a written Statement of Reasons.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
In principle you can just challenge the Care Award, however, both the DWP and Tribunal Panel have the authority to extend the process to the Mobility component as well.
I would recommend you have a good look through the latest DLA guides to see whether you have good case for Medium Rate Care.
Gordon
If this was the result of re-assessment of your DLA then you can challenge the Care Decision, you will first need to request a Mandatory Reconsideration of the Decision, the request can be made over the phone but we recommend following it up in writing. If The MR does not result in a changed Decision then you can appeal directly to the Tribunal Service.
If this new Decision was the result of an appeal, then you can only challenge it if you can show that there has been an Error of Law, to progress this you must first request a written Statement of Reasons.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
In principle you can just challenge the Care Award, however, both the DWP and Tribunal Panel have the authority to extend the process to the Mobility component as well.
I would recommend you have a good look through the latest DLA guides to see whether you have good case for Medium Rate Care.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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