DlA reduced to Lower Rate.

jmabnc

Today my child got the lower rate for mobility,I am going to appeal,would someone be able to explain the process for appealing,this was such a shock,my child has a form of cerebral palsy,though not in a wheelchair,has visual problems,I just dont understand this at all,she needs more help than a child as the same age of her,any help please as this is the first time I have ever had to do this,if it was for me I would let it go,children seem to always have a hard time with DLA, Thanks in advance.

dmg24

Did she get any award for care? How bad are her visual problems? The requirements for higher rate mobility and/ or care are very high.

peediedj

my sons has cerebal palsy,he isnt wheelchair bound,but cant walk unaided,he uses a k-walker to walk,and crawls in doors,he,s 12,he also only has 1/4 vision on each eye,and is registered blind,he is badly epelipetic,has autism,hydrochephalus speech and language dleay and is right hemiplegic,we get high rate for bot mobility and care,and advic ei can give you just pm me

jmabnc

dmg24 wrote: »

Did she get any award for care? How bad are her visual problems? The requirements for higher rate mobility and/ or care are very high.

She got middle rate for care,visual acuity is her problem,when walking she gets tired quickly and will trip often,it is like a stroke that she has,nothing has changed in great detail,she will never get better she will always be disabled,thanks.

allydowd

The Appeals procedure can be found on this website:

Direct Gov link

This page may also help you. It explains what the DLA decision makers are looking for:

Disability Handbook

jmabnc

peediedj wrote: »

my sons has cerebal palsy,he isnt wheelchair bound,but cant walk unaided,he uses a k-walker to walk,and crawls in doors,he,s 12,he also only has 1/4 vision on each eye,and is registered blind,he is badly epelipetic,has autism,hydrochephalus speech and language dleay and is right hemiplegic,we get high rate for bot mobility and care,and advic ei can give you just pm me

Thanks,my child is a left hemiplegic,(9)not quite like your child.Got the middle rate,just cant believe the mobility rate,she gets tired very quickly and trips alot too...

dmg24

jmabnc wrote: »

She got middle rate for care,visual acuity is her problem,when walking she gets tired quickly and will trip often,it is like a stroke that she has,nothing has changed in great detail,she will never get better she will always be disabled,thanks.

TBH I don't think that she qualifies for HRM. The criteria for HRM is:

The higher rate is payable to people who

1. are unable or virtually unable to walk because of a physical disability1 (see
DMG 61276 et seq) or
2. are both deaf and blind2 and satisfy the conditions in DMG 61335 - 613373 or
3. are severely mentally impaired4 and
3.1 display severe behavioural problems5 and
3.2 satisfy the conditions for the highest rate care component at DMG
610616 (see DMG 61350 - 61380) or
4. have had both legs amputated either through or above the ankle (see DMG
61330)7 or
5. are for any reason without both legs to the same extent as if they had been
amputated either through or above the ankle8 (see DMG 61330 - 61331).

The criteria for LRM is:

The lower rate is payable to people who can walk but are so severely disabled

mentally1 or physically (see DMG 61207 et seq) that they need guidance or
supervision from another person most of the time when walking out of doors2 (see DMG 61391 et seq). Disregarding any ability the person has to use routes which are familiar to them.

The latter is more suitable to your daughter's condition.

I would not discourage you from appealing, but I would be aware that the decision is unlikely to change.

(Excuse the editing - quoting from the DMG never seems to work!)

OSFA

I was reduced to the lower rate DLA and appealed. I got nowhere.
I did have my DLA taken from me twice and ended up going to a tribunal and winning. So hold on in there!!

parisjordana

Personally I would appeal this....Im in the process of appealing as I know of children and adults who arnt as disabled as my son yet are on HRC and LRM and its a joke...the system is a joke in its self....like the other poster says hang on in there....I think the people who we send our forms off to should come and live in our houses and see exactly what goes on and just how much care is needed etc and live with the claimant for 7 days and 7 nights.

dmg24

parisjordana wrote: »

Personally I would appeal this....Im in the process of appealing as I know of children and adults who arnt as disabled as my son yet are on HRC and LRM and its a joke...the system is a joke in its self....like the other poster says hang on in there....I think the people who we send our forms off to should come and live in our houses and see exactly what goes on and just how much care is needed etc and live with the claimant for 7 days and 7 nights.

The OP is appealing against the mobility decision, not care. HRM has very specific criteria (see above), that do not appear to be met in the OP's daughters case.

Fester_2

Aways appeal. Two thirds of appeals are successful. Get as much evidence as you can about mobility needs. eg from GP. consultant, O.T. If walking is painful then any distance covered is discounted (I think I am right in saying this) The Disibility Rights Handbook is very helpful about all benefits and is updated every year. Get it. Good luck.