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DLA Mobility (Higher Rate) Decision

  • Jagtastical
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12 years 2 weeks ago - 12 years 2 weeks ago #83040 by Jagtastical
DLA Mobility (Higher Rate) Decision was created by Jagtastical
Hi. I'd really appreciate any input on the decision DWP have issued in relation to my claim please as I'm genuinely baffled!

My claim is based around being "virtually unable to walk" and I still believe I meet the criteria outlined in the Decision Maker's Guide 61300 - 61311. The claim was originally disallowed as ...."I can walk over 50 metres and are not so restricted....that you are virtually unable to walk". I asked for another DM to look at the claim as a result if which an ATOS HCP visited. during the examination I repatedly tried to get the point across that my claim was based on difficulty in walking OUTDOORS for any distance without severe dsicomfort etc. I have now received another DWP decision disallowing the claim on the basis that:
"I can walk: 0ver 200 metres - Slowly - In a Normal Manner"

I'm utterly at a loss as to how this can be said to be the case and more importantly, HOW they have reached this decision.

I will contact DWP, get a copy of the HCP's report and appeal but wanted to ask if anyone has any insight into this please. Any input much appreciated.

Thanks
Last edit: 12 years 2 weeks ago by slugsta.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 weeks ago #83059 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 Re:DLA Mobility (Higher Rate) Decision
What the mobility component disability test rules mean

guidance or supervision on unfamiliar routes - You can get this if you can walk but need someone on hand to guide or supervise you. If you are blind, have learning disabilities or are mentally ill you are likely to qualify for this rate. The test is based on your ability to cope with unfamiliar routes (for example you may be able to find your way to your local shop but become confused, lost or anxious if walking in a strange place).

virtually unable to walk - This test looks at your ability to walk out of doors on a normal flat surfaced pavement or road. The following factors are taken into account :

distance walked

speed of walking

length of time taken

manner of walking


When stating how far you can walk remember that any walking done whilst you are experiencing severe discomfort does not count.

For example; you may be able to walk 100 metres but can only do the last 80 in severe discomfort. It would be reasonable in this case to say you can only walk 20 metres. Pain and breathlessness are also considered when assessing whether or not you experience severe discomfort.

severe mental impairment and disruptive behaviour - Severe mental impairment refers to someone who "has arrested or incomplete physical development of the brain resulting in severe impairment of intelligence and social functioning". Conditions that start later in life, such as recent brain damage or the onset of Alzheimer's disease which affect people whose brains are fully developed, do not count.

The disruptive behaviour must be extreme, require physical restraint to prevent physical injury or damage to property and also require someone to watch over you whenever you are awake.

Severe impairment of intelligence is determined in many ways. It can be through an IQ test or by assessing someone's "useful intelligence" - the ability to function in a real life context.

severe visual impairment - You must be certified by a consultant ophthalmologist as severely sight impaired or blind and are severely visually impaired. You are severely visually impaired if:

you have visual acuity, with appropriate corrective lenses if necessary, of less than 3/60; or
you have visual acuity of 3/60 or more, but less than 6/60, with appropriate corrective lenses if necessary; and a complete loss of peripheral visual field; anda central visual field of no more than 10° in total.
The DWP has published a number of frequently asked questions regarding the severe visual impairment test at tinyurl.com/33p2497.

The Royal National Institute of Blind People (RNIB) has also produced a number of frequently asked questions and a factsheet about the severe visual impairment test, available at tinyurl.com/35abh6y.

blind and deaf - To satisfy this you must have 100% disablement from loss of sight and 80% disablement from loss of hearing.

Source : Disability Alliance

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  • Jagtastical
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12 years 1 week ago #83187 by Jagtastical
Replied by Jagtastical on topic Re:DLA Mobility (Higher Rate) Decision
Thanks for this Jim. Unless I'm missing something however, I still dont understand the basis for the decsion as I outlined originally. I genuinely dont understand how the revised decsion is even less favourable than the original one as it implies I can walk even further than was suggested in the first diasallowance!!

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 week ago #83196 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 Re:DLA Mobility (Higher Rate) Decision
Hi J,

The reasons for the decision should have been clearly explained when the Decision Maker sent you the decision. If it didn't, you can ring the DLA Unit on 08457 123456
and ask to speak to the Decision Maker who made the decision for a full explanation.

As I'm sure you're aware Decision Makers have no medical training and the Decision Makers Guide is just that, a guide and it's contents are not legally binding to the best of my knowledge.

I'd wait for a copy of the HCP's report and then decide if you want lodge an appeal.

However, you only have a month from the date you received the DM's decision to appeal. There are circumstance where the month can be extended, but without seeing your case files I cannot comment on that.

Good luck.

Jim

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

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  • Jagtastical
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12 years 1 week ago - 12 years 1 week ago #83204 by Jagtastical
Replied by Jagtastical on topic Re:DLA Mobility (Higher Rate) Decision
Thanks again Jim. I called the DLA Unit - they dint seem to have much idea. I will make an interim appeal to be more fully imformed by the ATOS report which apparently may take a few weeks to arrive!

Thanks again
Last edit: 12 years 1 week ago by slugsta.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 week ago #83213 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 Re:DLA Mobility (Higher Rate) Decision
Hi J,

Sorry to hear that. I thought that was what the DLA helpline was for ? However, I don't really blame the grass roots staff, they are being moved around from pillar to post without any training because of the Government's Welfare Reform Act 2012.

Complete Appeal against a benefit decision leaflet GL24 and rerun it ASAP. You can always withdraw your appeal if the Decision Maker reconsiders it in your favour. DO Not ask for 'reconsideration' complete GL24, as before an appeal is sent to the Tribunals Service to action, it is always 'reconsidered' by a different and more experienced Decision Maker.

There is no need to complete the GL24 in detail, it's permissible to write for example "
I do not consider that the Decision Maker has taken full account of my condition', further information to follow; or similar in your own words.

Best of luck.

Jim

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

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