Main site > Forums > Work & Benefits > Benefits & Tax Credits > DLA, claim for higher rate mobility (Page 1)

IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
DLA, claim for higher rate mobility
Closed Thread
Views: 12,845
Thread Tools Search this Thread Display Modes
# 1
Old 17-04-2008, 5:51 PM
MoneySaving Convert
Join Date: Jan 2008
Posts: 56
Question DLA, claim for higher rate mobility

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?
anne211981 is offline
Report Post
# 2
Old 17-04-2008, 6:29 PM
Serious MoneySaving Fan
Join Date: Mar 2007
Posts: 1,586

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.
suelees1 is offline
Report Post
# 3
Old 17-04-2008, 6:31 PM
Serious MoneySaving Fan
Join Date: Mar 2007
Location: South West
Posts: 750

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
minimadtrix is offline
Report Post
The Following 2 Users Say Thank You to minimadtrix For This Useful Post: Show me >>
# 4
Old 17-04-2008, 7:29 PM
MoneySaving Stalwart
Join Date: Apr 2007
Posts: 493

Absolutely, appeal! Definitely appeal.

Last edited by DenBo; 18-05-2008 at 4:30 PM.
DenBo is offline
Report Post
The Following User Says Thank You to DenBo For This Useful Post: Show me >>
# 5
space rider
Old 17-04-2008, 8:22 PM
Serious MoneySaving Fan
Join Date: Nov 2006
Posts: 1,798

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.
space rider is offline
Report Post
# 6
Old 17-04-2008, 10:08 PM
Deliciously Dedicated Diehard MoneySaving Devotee
Join Date: Mar 2008
Location: under a cloud of tobacco smoke
Posts: 17,283

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
woodbine is offline
Report Post
# 7
Old 18-04-2008, 7:07 AM
Serious MoneySaving Fan
Join Date: Jul 2005
Posts: 1,272

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.
wolfehouse is offline
Report Post
The Following User Says Thank You to wolfehouse For This Useful Post: Show me >>
# 8
Old 18-04-2008, 1:40 PM
MoneySaving Convert
Join Date: Jan 2008
Posts: 56

thankyou for your help. we shall sit it out and see what happens.
anne211981 is offline
Report Post
# 9
Old 18-04-2008, 3:39 PM
MoneySaving Stalwart
Join Date: Jan 2008
Location: North West
Posts: 423

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).
"I always pass on good advice. It is the only thing to do with it. It is never of any use to oneself" -Oscar Wilde
glossgal is offline
Report Post
# 10
Old 18-04-2008, 7:29 PM
Fantastically Fervent MoneySaving Super Fan
Join Date: Sep 2004
Posts: 2,910

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.

Eager_Elephant is offline
Report Post
# 11
Old 23-04-2008, 6:18 PM
MoneySaving Stalwart
Join Date: Jan 2007
Posts: 512

It does work!
James123 is offline
Report Post
The Following User Says Thank You to James123 For This Useful Post: Show me >>
Closed Thread


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.

All times are GMT. The time now is 8:06 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 25 March 2015

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed


Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

MSE's Twitter Feed