DLA claimants getting prosecuted?

Swindler

I have MS and I get high rate mobility and care allowance.

I completed the claim pack as stated by the advice I was given, "fill it in as you were when you was having a relapse".

After having my last relapse, which lasted several months, I am now in remission and can now walk unaided (not very far) and look after my care needs. Should I inform the DLA about my change in circumstances or keep quiet as I do not know if another relapse is around the corner?

I have seen people in the local press being prosecuted as they have claimed for several years as their condition has improved but they did not inform the DLA.

lolababy

My understanding of your condition is that it fluctuates from good to bad. As you have stated you dont know how long the remission will last. Its not just about the ms but also the underlying health issues ie fatigue, memory problems, balance ,which even with remission can still be there.
Dla is awarded on the things you find difficult to manage not on the illness its self.

Swindler

So you are saying that even though I am in remission it is ok to keep on claiming DLA at my present rate, high?

[Deleted User]

I would have thought that its dependant on how long the remission last or is likely to last,I personally in your situation wouldnt be too hasty to inform them unless it becomes obvious your remission is likely to last some months.

tireesix

If your health problem is permanent then don't worry about informing them about the ups. You don't know when you are going to feel better and you don't know when a bad patch is going to start and even when you are feeling good, chances are you still have problems.

You stated yourself that even though you can walk now, you can't walk far, that means you still need help.

I have fibromyalgia, I can feel fine for months and then it suddenly hits me and I am down, sometimes for months, I start feeling better but another 'episode' can strike any time, so even if you have been feeling good for a number of months, it may not be worth notifying them because you could end up going down hill within the week.

lolababy

Your illness can not be cured and you can relapse at any moment. Can you honestly say that all your problems have gone now your in remission . You still have mobility issues which Im sure impact on your daily life.
Stop worrying Im sure the team caring for you will still say your entitled to dla for both care and mobility.

pipkin71

This may not be a popular opinion, but I see it another way.

Your DLA is awarded on how much care you need or how your mobility is affected. If someone is in remission, then their care needs are not the same as they were when the award was made, and therefore there is the possibility that the person can leave themselves open to prosecution.

Look at it this way, if you were to tell the DSS your needs had changed, would they still award the same level of DLA? If the answer is you think they would reduce it, then I think you should inform them.

Apart from anything else, it does say that you must inform us of any change in circumstance. The OP's circumstances have changed. To say nothing means they are not fulfilling their side of being awarded DLA.

lolababy

I agree with you that if someone has got better then inform the dla but in this case the op is only in remission which is not the the same as getting better. Her care needs have not really changed as she still has difficulty walking which will impact on caring for her self. Also with ms there are other underlying health issues so even if the ms is in remission it wont mean that the op is better.

pipkin71

lolababy wrote: »

I agree with you that if someone has got better then inform the dla but in this case the op is only in remission which is not the the same as getting better. Her care needs have not really changed as she still has difficulty walking which will impact on caring for her self. Also with ms there are other underlying health issues so even if the ms is in remission it wont mean that the op is better.

I understand about the remission, but DLA is awarded based on the needs you have at that time rather than the illness.

Agree the OP still has care needs, but it could be that the amount of DLA is reduced rather than removed, to meet the needs they have during remission and can be increased if the OP's needs increases.

As the OP is claiming hrc/hrm, if the DSS was to investigate and could see the OP walking further than they said during the original claim, they could be open to prosecution.

On all DLA awards, it clearly states that they must be notified of a change of circumstances, and a remission is a change of circumstances. It's the OP's choice whether or not they inform them, but I personally would.

hilstep2000

Swindler, Have PM'd you.

Pipkin Sorry, you obviously know nothing about MS. It changes by the day, believe me, I've got it.

chloecat_2

Swindler, you know very well that tomorrow things could be very different.
DLA is a nightmare to get when you have MS, now you have been awarded it don't inform them you are having a remition.

Too changeable and too stressful to have to prove all over again.
Best of luck, hope your good patch lasts

chloecat (another one with it!) x