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Change of circumstances - will I get PIP instead?

  • Brightside
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11 years 10 months ago - 11 years 10 months ago #107886 by Brightside
Hi there

Your guides helped me to make successful claims for ESA and DLA when I was too ill to leave my home after cancer treatment. Thank you - they're really great. That was in 2010 and I'm now 60 years old. I was placed in the ESA support group straight away. I received a higher rate mobility award but low rate care. I was too ill to appeal. I have had a very unusual response to radiotherapy treatment. I have been in chronic severe pain since my treatment ended in February 2010.

The Pain Clinic failed to diagnose me properly. They also treated me with methadone for 12 months, which gave me dreadful side effects. In February 2013, I was referred to the Palliative Care Team instead. They have diagnosed me with wind-up pain, which is kept under control with low doses of ketamine. I take opioid medication too, and duloxetine to treat fibromyalgia diagnosed last year.

A full body CT scan was done in March. It shows a bone spur in my lower spine. This is pressing on my spinal nerve. I'm seeing the Orthopaedic Team next week for the first time. They may offer surgery to remove the spur but I already know this is a high risk operation.

My DLA award runs out in February 2014. Despite my low rate care award, I need a lot of care during the day because of mobility and pain problems. Under DLA criteria, I should be awarded higher rate care. However, I am worried about advising a change of circumstances in case it might lead to no award change or a PIP assessment.

Can you advise me what I should do?

Thank you.
Last edit: 11 years 10 months ago by . Reason: Tick.

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11 years 10 months ago #107893 by Gordon
Brightside

I am afraid we cannot advise any member what actions they should or should not take, all we can do is provide them with the information to allow them to make their own decision.

You do not say when your DLA will be renewed in February 2014, but if it is on or after the 24th then it will be transferred to PIP.

You have until 6 October 2013 to make a Change of Circumstances for DLA, after this it will result in a transfer to PIP when a change of award is being requested.

Higher Rate Care for DLA is only awarded where there are caring requirements both day and night, based on what you have posted, "I need a lot of care during the day", you would only meet the criteria for Medium Rate Care.

Have you spoken to your GP or the people currently treating you about making a claim for DLA, they may be able to give you a better understanding of whether you would qualify or not.

Have a look at our DLA Claim guides for a better understanding of what you will need to show to meet the criteria.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

If we can provide more help, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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