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DLA higher rate mobility w/ psychosomatic problems

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11 years 11 months ago - 11 years 11 months ago #107144 by Jonathan
Hi

I spoke to my local council's welfare rights team about representation for a DLA appeal regarding mobility earlier today. She said that to qualify for the higher rate, you must have a physical disability that restricts mobility, rendering you unable or virtually unable to walk.

However, my disability has been diagnosed as being psychosomatic, i.e. it is a mental issue that triggers strong leg pain that prevents me from walking more than ~20 metres without being forced to stop due to the intensity of the pain. My GP confirmed to the DWP that my problem is psychosomatic but stressed that it does affect leg function.

Do you know if psychosomatic problems are covered under the higher rate criteria if they restrict mobility to ~20 metres and result in physical pain, even though there is no direct physical cause?

I didn't have chance to ask her today and I won't be able to talk to them for another 4 weeks.

Thanks for any insight.
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago - 11 years 11 months ago #107156 by Gordon

Jonathan wrote: Hi

I spoke to my local council's welfare rights team about representation for a DLA appeal regarding mobility earlier today. She said that to qualify for the higher rate, you must have a physical disability that restricts mobility, rendering you unable or virtually unable to walk.

However, my disability has been diagnosed as being psychosomatic, i.e. it is a mental issue that triggers strong leg pain that prevents me from walking more than ~20 metres without being forced to stop due to the intensity of the pain. My GP confirmed to the DWP that my problem is psychosomatic but stressed that it does affect leg function.

Do you know if psychosomatic problems are covered under the higher rate criteria if they restrict mobility to ~20 metres and result in physical pain, even though there is no direct physical cause?

I didn't have chance to ask her today and I won't be able to talk to them for another 4 weeks.

Thanks for any insight.


I have had a look through the DLA case law and all I can say is maybe, maybe not :(

As you have already identified the problem is that the restriction is not the result of a physical problem, the Case Law seems to be split as to whether a mental health problem can lead to mobility problems that qualify for HRM.

There is an overview of the case law on the following link

www.disabilityrightsuk.org/how-we-can-he...allowance-and#Higher

As this may well be down to the interpretation of these Upper Tribunal Decisions, I am going to say that you need to refer to the Welfare Right's team that are already helping you. Whether you will be successful or not may well come down to how well they are able to argue your case in reference to these judgements.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by Gordon.
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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #107172 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 DLA higher rate mobility w/ psychosomatic problems
See also A-Z of Medical Conditions which is used by DWP Decision Makers, Medical Assessors and First-tier Tribunal Members to assist them to assess care and/or mobility needs.

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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11 years 10 months ago - 11 years 10 months ago #108091 by Jonathan
Hi again,

Today I received a new diagnosis from my GP of cold urticaria as being responsible for the leg pain when outdoors. This means that the problem is not psychosomatic, as previously thought. As my DLA claim has already been passed to HMCTS (although no date has been set yet), please may I ask what, in your opinion, is the best course of action to take now, as my form was originally filled in with the previous psychosomatic diagnosis?

My new worry, however, is that the only form of evidence for this new diagnosis is a prescription for some antihistamines. Somehow I think that won't be enough, but I don't know what else to do because my GP charges too much for a special letter to confirm the diagnosis. During the original claim process, the DWP sent a form for the surgery to fill in, but my GP wrote that the problems were psychosomatic; although my GP is satisfied that this is now no longer the case, I don't know how to disprove it unless the DWP can be convinced to re-send a new copy of the form to my GP to fill in. I simply can't afford to pay upwards of £30 for a new doctor's letter.

Does anyone know if there are any past examples of the symptoms of urticaria being used in a successful claim for HRM? Unlike 'psychosomatic problems', urticaria is at least mentioned on the page that Jim provided, so I am somewhat hopeful that they consider it to be a 'physical problem' unlike a psychosomatic diagnosis, although the page doesn't state what the DWP consider the disabling effects of urticaria to be, nor does it elucidate on the DWP's perceived impact that urticaria has on one's ability to get around.

Thanks.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108093 by Gordon
Jonathan

The first thing you need to do is to inform the Tribunal Service of the diagnosis, it is really important that it is clear on any documentation that you send makes it clear that whilst this is a new diagnosis, this is the same condition that you were suffering from when you made the original application, or you risk it being ignored as being related to a new condition.

Is this new diagnosis from a specialist or doctor at a hospital, they may have written to your GP with details of the diagnosis, you should be able to get access to your GP records, anything in the last 40 days should be free, but you may need to pay for any copies you take.

Gordon

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