DLA criteria

First of all, a huge thank you to all you good folk at B&W for all the help and support you give. It is appreciated more than you could ever know.

My application for DLA has been turned down – decision date of 17 April 2013 – and I’m awaiting an appeal. I was not called for a medical and they used my ESA medical examination report from January 2013 instead. Unfortunately, that report suggested I had no points at all (long story, which I won’t bother you with here), although I have since been placed into the support group (curiously, the DM reconsidered about 3 months after the ESA papers had been sent to the Tribunal).

Although all my DLA evidence showed that I cannot walk more than 30 metres without experiencing severe discomfort and cannot mobilise repeatedly or reliably, my claim has been declined because I am “not virtually unable to walk”.

Although there doesn’t seem to be a legal definition of ‘virtually unable to walk’, I understand 50m was taken as a guide for DLA. Is that still the case, or are they now using the PIP standard of 20m?

Regarding care, they have concluded (despite the fact I have lots of weakness and dexterity problems) that I can cook a main meal because I am “capable of driving (including grasping steering wheel and applying handbrake)”. None of the other issues regarding care were even commented on.

Does being able to drive always disqualify you from making a claim for care?

As I have not had a medical for DLA, would a Tribunal be in a position to make a decision, or is it likely to be referred back for another medical? After a 15 month ESA transfer nightmare, I’m struggling to cope.

Thank you for your help.

Contrary to popular belief for DLA there was no maximum distance for HRM award of DLA.

It was judged on time, distance, manner and speed of walking. Thus it was possible for for DLA claimant who could walk for example 150 metres, but slowly, or limping, dragging a leg etc. or for someone who although they could walk that distance, had to stop several times before the onset of 'severe discomfort' which includes pain, fatigue, dizziness etc. Any walking after the onset of 'severe discomfort' has to ignored in DLA claims.

The 20 metres distance will only apply for new claims for PIP, and those aged 16-64 who are now on DLA but will be migrated to PIP if they meet the more stringent tests and are on a fixed term award of DLA. Those with indefinite awards will not be reassessed until 2015, or probably later due to a shortage of Health Care Professionals (HCP's) especially doctors.

Being able to drive does not prevent you claiming the care component of DLA. Not all claims for DLA need to have a medical. Tribunals have wide powers on what medical evidence to accept and what to reject. If you opt for an oral hearing, then what you tell the Tribunal about your mobility and/or care needs is every bit as important medical evidence as a doctors medical report.

Good luck.

Jim
retired Welfare Rights Lawyer & former DLA Tribunal Member