DLA, claim for higher rate mobility

[anne211981]

My husband has been on the lower rate care DLA for the last 5years. He has had one medical to get this rate. no medical has since been done.

His condition has greatly worsened. he suffers with a fused lower spine, fibromalgia (nervevouse system disorder) and COPD . He cannot walk without an aid or me being with him., he struggles with everyday tasks, and depends on me for a lot, although he hates it.

Anyway he has put in for the high rate mobility 3 times in the last 24 months and each time turned down regardless of hopsital and doctors notes stating his condition. This time we have appealed it which they say can take 11 weeks.

we have told that the case is with another decision maker! and if they think the outcome is right it wont even go to the appeal pannel.

what if anything can be done if this happens. and has this happened to anyone else?

[suelees1]

When you lodge a formal appeal the DM first reconsiders it. If the decision remains the same they should let you know in writing that it will be referred to the Tribunal Service.

If however you just asked for them to look at it again they will make a decision. If it remains the same they write to you to let you know and advise you of your appeal rights. You then have to formally appeal in writing. It will be sent by the DWP to the Tribunal Service once they hve prepared the bundle of evidence which will include everything they've looked at.

You'll get a copy of the bundle along with a TAS1 form to complete and send in to the Tribunal Service. For the appeal hearing I'd always advise opting for an oral hearing rather than on paper as you stand much better chance of success.

[minimadtrix]

When my husband had to start claiming benefits due to an accident, it became apparent to him that no matter what he applied for he was turned down. Then he realised that he could appeal the decisions and then started doing so. Every time he has been turned down for something, he has appealed and wins every time!!!!

We are aware of other people that have also been turned down for something, they have appealed and won!

I think the moral of the story is that if at first you don't succeed, appeal!!!!

good luck

[DenBo]

Absolutely, appeal! Definitely appeal.

[space rider]

My daughter has problems with breathing as her lungs aren`t very good after being ventilated as a baby. She has got high rate mobility since she was 3. Does he get breathless if he walks too far? My daughter does and that`s why she gets it. If the decision maker says no then I would tell them you want to appeal and they can`t stop you from doing that.

[woodbine]

when you appeal the claim automatically goes to a different decision maker for reassessment,they are wrong to say that if that DM thinks the decision is ok that it cant go to appeal,i would strongly suggest you get help,try the CAB or local welfare rights office,did you ask for an oral hearing for the appeal?and did you ask for a statement of reasons as to why the application was unsuccessful?
Btw they are correct when they say it can take 11 weeks

[wolfehouse]

it is now quite usual for claims to be rejected
it is also quite usual for them to be successful on appeal
but you should always seek help with the appeal (free from the cab or other welfare rights org) and appear in person.

also remember that putting in a new dla application can jepordize existing dla if they decide things are better not worse. i think you have nothing to worry about in your case, though.

you have a right to an assessment of your own needs as a carer and each area has a carers support service. they also help with dla claims but may have very long waiting lists. good luck with your appeal.

[anne211981]

thankyou for your help. we shall sit it out and see what happens.

[glossgal]

Hi, agree with others re; appeal but have to say if you've tried unsuccessfully three times in recent years then IMHO your husband is either a) not entitled to High Rate Mobility or b) going about it the wrong way. I'm not meaning that to be horrible but you need to 'do it properly' to succeed if a) isn't relevant.

Sending letters isn't really going to cut it at this stage, these documents need to be accompanied by a letter that links the info in the medical evidence to the rules and regs regarding the benefit. This is why you should try and get professional help if you can, they will also tell you straight if they think you have a good case and how to prepare for the tribunal if you have (they may even be able to go with you depending on the circumstances).

[Eager_Elephant]

The problem may be that you are not using the correct termnology on the forms.

Have you got a disability advice centre near you, they will have all the experience of appeals and will help you and gather all the evidence for you.

EE

[James123]

USE THIS ... http://www.benefitsnow.co.uk/dmakers/default.asp
It does work!