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- DLA mental health renewal Higher mobility question
DLA mental health renewal Higher mobility question
- M
- Topic Author
I am new to this website, so please go easy!

I currently receive Middle Rate Care, and Lower Rate Mobility.
I am reapplying for DLA using the form "DLA1A Adult January 2013".
Last year my old support worker (who has since retired) suggested I may be able to get Higher Care Rate as I have several problems each night, she said that I would probably need to appeal, which, at the time filled me with dread, so I didn't proceed.
Many years ago a CPN (who has since relocated) suggested I may be eligible for Higher Mobility Rate as my mental health problems grouped together can make leaving home difficult. On one occasion I didn't leave home for 18 months or so! I was so unsure that I would qualify for DLA I didn't apply at all. My first ever DLA application was last year!
So, here I am at my first ever renewal and I am reconsidering my options. I am contemplating answering the questions related to Higher Rate Care, and possibly Higher Rate Mobility.
My question to you lovely people is am I likely to be awarded either or both?
My mental health illness's/disabilities include the following;
Adjustment Disorder
Agoraphobia
Amnesia
Anxiety Attacks
Asperger Syndrome (I think high functioning Asperger?)
Attention Deficit Disorder
Avoidant Personality Disorder
Clinical Depression
Conversion Disorder
Insomnia/Sleep Disorder
Low Self Esteem
Mood Swings
Night Terrors/Nightmares
Obsessive Compulsive Disorder
Panic Attacks
Paranoid Personality Disorder
Post Traumatic Stress Disorder
Psychosis
Schizophrenia
Seasonal Defective Disorder
Suicide Idealisation
...obviously this causes many varied mental health problems. I have had most of the illness's/disabilities for 40 or so years and I'm mid 40's now, if any of that matters!
Do any of you have the same or similar problems?
Do any of you receive Higher Rate Care or/and Higher Rate Mobility as a result?
Can any of you kindly advise me on how best to present the facts? I have downloaded the latest guide but the section dealing with this is too much too take in for me.
I would really appreciate help with this! The sooner the better please, I'd like to return the form this week!
TIA,
M.

(Incidentally, I have no physical illness's)
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- Gordon
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Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
To be awarded Higher Rate Care you will need to show that you have care needs both day and night, I assume from your post that your current award of MRC is for care during the day.
To be awarded Higher Rate Mobility you will need to show that you have problems walking, there is no set distance, but it is normally taken as being about 50m. Based on your post I think it unlikely that you will qualify as you have no physical problems, however, you still need to complete this section in detail in order to retain your current Lower Mobility award.
DLA is not awarded because a claimant has a particular condition or even a range of conditions, but rather looks at the care and mobility needs that result from those conditions so it is very difficult for us to explain how to fill in the DLA form without having any knowledge of how you are affected.
All I can suggest at this point is to deal with the form one question at a time and to refer to the guides for advice on how to answer, if you have any specific questions, please come back to the forum and we will try and help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- M
- Topic Author

With all due respect, according to the guide I downloaded from this site, it is possible to claim Higher Rate Mobility on mental health grounds!
Below is a section (page 17) of the Disability Living Allowance Renewal Claims for Adults on Mental Health Grounds (June 2013).
Getting around outdoors
Important: you may be able to claim higher or lower rate mobility on the basis of a mental
health condition.
This section of the claim pack is about your mobility needs. It is your answers in this section
which the decision maker will use to help decide whether you meet the criteria for an award of
the higher rate or of the lower rate of the mobility component.
25 Do you have a physical problem that restricts your
walking?
Tick the Yes box if you are unable to walk at all because of, for example, a spinal injury or if
your walking is restricted because of a physical health condition such as arthritis and then
download copy of our physical health guide. Also tick Yes if you think that you may meet the
criteria for ‘severe mental impairment’ detailed below and then give full details in the
‘anything else’ box at question 33 or on an additional sheet.
The rules relating to getting higher rate mobility on the grounds of ‘severe mental impairment’ are
quite complex and you may need to get help either at the renewal stage or, if you are turned
down, at the appeal stage.
But in brief, you need to show that all of the following apply.
1 You are entitled to the higher rate of the care component of DLA.
2 You have a severe mental impairment. This is defined as:
A state of arrested development of the brain or incomplete physical development of the brain
which results in severe impairment of intelligence and social functioning.
This may apply to people with conditions such as autism, psychosis, learning difficulties or a
severe head injury. However, the condition must have started before the age of 30 in order to
meet the ‘arrested development’ criteria.
3 You behave in ways that are extremely disruptive.
4 You regularly require some form of restraint to prevent you doing harm to yourself or someone
or something else. This could be, for example, someone putting their hand on your arm to stop
you walking into traffic.
5 You need someone to watch over you whenever you are awake because your behaviour is so
unpredictable.
If you do make a claim based on severe mental impairment, it will increase the chances of your
being visited by a Medical Services Doctor ( see: Dealing with a medical visit), something you
may wish to take into account when deciding whether to do so.
Do any forum members have the same/similar illness's and disabilities that I have, and have then gone on to successfully claim Higher Rate Mobility, and/or Higher Rate Mobility?
I really need advice on this ASAP.
M.
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- Gordon
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- Posts: 51287
I am aware of this section.
to quote from your own excerpt
The rules relating to getting higher rate mobility on the grounds of ‘severe mental impairment’ are quite complex and you may need to get help either at the renewal stage or, if you are turned down, at the appeal stage.
But in brief, you need to show that all of the following apply.
1 You are entitled to the higher rate of the care component of DLA.
2 You have a severe mental impairment. This is defined as:
A state of arrested development of the brain or incomplete physical development of the brain which results in severe impairment of intelligence and social functioning
If you feel that you meet this very restrictive criteria then go for it, however, you should also be aware that if your agoraphobia always prevents you leaving your home, then DLA Case Law will probably prevent an award of HRM.
Gordon
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- M
- Topic Author
I agree with you that the criteria is strict. I do have psychosis (in the past I have been sectioned under the mental health act) , which, according to the guide is a potential qualifying illness.
As to the agoraphobia and case law, just to be clear, there has been a time (decades ago) when I did not leave home for over a year, but in general, it now causes me to not leave home for 5 or 6 days a week. Unsure if this might make a difference!
M.

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- Gordon
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- Posts: 51287
M wrote: Thank you, again, Gordon.
I agree with you that the criteria is strict. I do have psychosis (in the past I have been sectioned under the mental health act) , which, according to the guide is a potential qualifying illness.
As to the agoraphobia and case law, just to be clear, there has been a time (decades ago) when I did not leave home for over a year, but in general, it now causes me to not leave home for 5 or 6 days a week. Unsure if this might make a difference!
M.
The restriction is that the claimant is "always" precluded, however, other case law suggests that "always" does not have to mean 100% of the time, but does not go on to say how much less than 100% of the time should be considered.
All you can do is state how you are restricted and see what happens.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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