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Fibromyalgia
- Shelly
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9 years 2 weeks ago #133050 by Shelly
Fibromyalgia was created by Shelly
I have been battling with the DWP for nearly 4 years now. The DWP do recognize fibromyalgia as a disability and it differs from one person to another. I struggle every day, logging all pain, brain fog, and can become very anxious about my ability to perform activities or journeys without at least one other person, sometimes two. Due to the brain fog and confusion I find it incredibly difficult to administer medication, (I am also a type 1 diabetic), I have overdosed on insulin, painkillers and preventative medicine. I asked for a reconsideration of the decision of higher rate of care and lower rate mobility. I didn't understand the mobility decision as I need a wheelchair when I go anywhere and cannot travel alone. The DM called me and said the decision of mobility was of cognitive capacity. So, the decision was considered and they reduced the higher rate of care to standard. Still confused about the decision the DM advised me that should I ask for a reconderation I may lose the benefit altogether. I'm so tired with all the worry that I won't even answer the phone or make a call to anyone. Can anyone offer any advise that could support my cause. I would appreciation any advise at all.
Kind Regards
Kind Regards
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- Gordon
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9 years 2 weeks ago #133063 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Fibromyalgia
Shelly
I assume that this is for DLA as you refer to Higher Rate Care and Lower Rate Mobility.
The Mobility test for DLA is a functional one with the Lower Rate being given for different reasons that the Higher Rate.
The Lower rate is awarded to claimants that have cognitive or mental health issues that restrict their ability to plan a route and then to follow it, you mention that you cannot go out alone so this is likely why you qualify.
Higher Rate mobility is awarded to claimants who cannot walk or are considered to be virtually unable to walk. You say that you use a wheelchair, if this because you cannot walk at all then you should have qualified for HRM, however, if you use it because it is easier than walking then you would need to show that your walking is so limited that it is a necessity rather than easier.
There is no defined limit for DLA, but it is generally accepted to be 50m, you need to show that you cannot walk this distance without severe discomfort, or that you cannot do so within a reasonable timescale, or that the speed of your walking is so slow, or that the manner of your walking (you stumble or fall) is such that you should be considered virtually unable to walk.
If have now received a Mandatory Reconsideration Notice then you can lodge an appeal with the Tribunal Service. This will be a fresh look at all of the evidence and the panel will make its own Decision based on it, I do have to warn that this means they can reduce or remove your existing award, but this happens very rarely and they should warn you in advance if there is a risk so you can withdraw your appeal.
Have a look at our DLA MR & Appeal guide for more information.
www.benefitsandwork.co.uk/help-for-claimants/dla
If you have more questions then please reply to this post and we will do our best to help.
Gordon
I assume that this is for DLA as you refer to Higher Rate Care and Lower Rate Mobility.
The Mobility test for DLA is a functional one with the Lower Rate being given for different reasons that the Higher Rate.
The Lower rate is awarded to claimants that have cognitive or mental health issues that restrict their ability to plan a route and then to follow it, you mention that you cannot go out alone so this is likely why you qualify.
Higher Rate mobility is awarded to claimants who cannot walk or are considered to be virtually unable to walk. You say that you use a wheelchair, if this because you cannot walk at all then you should have qualified for HRM, however, if you use it because it is easier than walking then you would need to show that your walking is so limited that it is a necessity rather than easier.
There is no defined limit for DLA, but it is generally accepted to be 50m, you need to show that you cannot walk this distance without severe discomfort, or that you cannot do so within a reasonable timescale, or that the speed of your walking is so slow, or that the manner of your walking (you stumble or fall) is such that you should be considered virtually unable to walk.
If have now received a Mandatory Reconsideration Notice then you can lodge an appeal with the Tribunal Service. This will be a fresh look at all of the evidence and the panel will make its own Decision based on it, I do have to warn that this means they can reduce or remove your existing award, but this happens very rarely and they should warn you in advance if there is a risk so you can withdraw your appeal.
Have a look at our DLA MR & Appeal guide for more information.
www.benefitsandwork.co.uk/help-for-claimants/dla
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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