DLA Award Reduced

MECFS_2

I have been receiving the higher rate for mobility and medium rate for care of DLA for 7 years. After 4 months from sending my renewal claim in I received the decision today that kept my higher rate mobility but reduced me to the lower rate of care. The effect of this decision also effects the rate of my other benefits and in total I will be £100 a week worse off. I posted on this site earlier my GP report wasn't that detailed i.e. poor. Also the EMP I saw from Atos quickly skirted round the issue of care in a vague manner with only a few questions. I have asked the DWP for the EMP medical report from their doctor and a written statement of reasons. I was then going to ask for a reconsideration in the first instance rather than an appeal. If this failed I would appeal. Is this a good idea or should I go straight to appeal? If writing for a reconsideration I was going to highlight all the areas the decision maker had said where I didn't need care and explain how my illness does mean I need care. In addition if their EMP report supports this, to include quotes from that. If the EMP report is a bit 'thin' I would then explain where their doctor's questions had fallen down. I also explained to the EMP the care I was getting, which on £47 for care a week is not much, rather than what I actually need - I would include this in the reconsideration letter as a possible problem in communication. Although I suffer from CFS/M.E I have reactive depression as a result of being ill for so long. I was going to include a letter of support from my Support Worker at MIND. I have a letter from a Urologist from a few years back which also outlines an embarressing problem which is relevant. Even though this is a few years old I was going to include this and ask the Urologist to write a current letter(which knowing hospitals would take months) which I could then use at appeal if necessary. How does this sound? Any advice appreciated - this is a very stressful time.

Tally-Ho_2

I would get in touch with welfare rights asap (either via your council or CAB etc) and seek their advice.

In asking for a reconsideration, or even going to appeal, there is a chance you could lose what you have already been awarded. A face to face meeting with welfare rights can assess how safe what you have already been awarded is, before going onto a reconsideration or appeal. Remember they can look at both your mobility and care even though it is only your care you want to get increased.

I say this as I am disabled myself and work for a local authority in the Transportation and Blue Badge department and we have had to recently recover a number of blue badges where people have lost their high rate mobility on appeal.

Tally

MECFS_2

Thanks for your reply.

Tally-Ho wrote: »

I say this as I am disabled myself and work for a local authority in the Transportation and Blue Badge department and we have had to recently recover a number of blue badges where people have lost their high rate mobility on appeal.

Tally

I am only asking for a reconsideration of the Care Componet of my award and not the Mobility Component so the Mobility Component should remain unchanged. I was advised I could ask them to reconsider the Care Component individually and agree to the Mobility Component - are you saying they would have to reconsider both decisions together?

TOBRUK

Hi ME/CFS, I too have recently had care rate reduced on renewal - was receiving HRM and MCR and like you was awarded HRM and LCR indefinitely. I decided against doing anything about it and just accept their decision on account that my awards may be reduced or taken away completely - based on reading about other peoples experience.

I have M.E. and a disability, still have the same care needs as before if not more. I still wonder if I made the right decision. I live alone, struggle daily, almost housebound, unable to work, constant pain, have problems with the stairs ... the list goes on!

Good luck with your decision and keep us informed.:)

MECFS_2

Thanks for your reply. I was led to believe that in most cases the threat of having your existing award reduced on appeal or reconsideration was an idle one and rarely happened in reality. If it is true that I can accept the mobility decision and ask for reconsideration of the care component only then I guess I'd be gambling my £18.65 lower rate care award for £100 if it was put up to medium rate care because of how the medium rate care effects my other benefits.

TOBRUK

I can understand completely, my benefit has been reduced because of it. At the time of the decision/award I was recovering from major surgery and I suppose I was just not prepared for any fight, I certainly wasn't in any condition to contact them! Since recovering from surgery my condition has been a lot worse, however it is too late now for me to ask for any reconsideration.

Indie_Kid

ME/CFS wrote: »

Thanks for your reply.
I am only asking for a reconsideration of the Care Componet of my award and not the Mobility Component so the Mobility Component should remain unchanged. I was advised I could ask them to reconsider the Care Component individually and agree to the Mobility Component - are you saying they would have to reconsider both decisions together?

They can reconsider both, yes.

munchings-n-crunchings

Hello There!

If you ask for an appeal, or if you request a reconsideration, the first step will be the reconsideration step of the process.

You can ask for a reconsideration over the phone, where the call handler will ask you some further questions about your needs.
I often find this can take you by surprise, and you might not think of everything you need to say and include. It's far better to write and ask for the decision to be looked at again, and include all the additional information you have to support the basis of your request.

It's correct, that the whole decision will be looked at again, so that is something you will need to consider when you start the process.

There is little point including old information, and it may not be helpful and appear you are clutching at straws. Medical reports need to be within about 6 months, otherwise are not considered as current.
Try and get an updated report from your Urologist etc. I would phone their secretary, and see if there is a cancellation appt, as they would probably need to see you. Time may be of an issue with this.

Regards
Munchie

P4ula

ME/CFS wrote: »

I have been receiving the higher rate for mobility and medium rate for care of DLA for 7 years. After 4 months from sending my renewal claim in I received the decision today that kept my higher rate mobility but reduced me to the lower rate of care. The effect of this decision also effects the rate of my other benefits and in total I will be £100 a week worse off. I posted on this site earlier my GP report wasn't that detailed i.e. poor. Also the EMP I saw from Atos quickly skirted round the issue of care in a vague manner with only a few questions. I have asked the DWP for the EMP medical report from their doctor and a written statement of reasons. I was then going to ask for a reconsideration in the first instance rather than an appeal. If this failed I would appeal. Is this a good idea or should I go straight to appeal? If writing for a reconsideration I was going to highlight all the areas the decision maker had said where I didn't need care and explain how my illness does mean I need care. In addition if their EMP report supports this, to include quotes from that. If the EMP report is a bit 'thin' I would then explain where their doctor's questions had fallen down. I also explained to the EMP the care I was getting, which on £47 for care a week is not much, rather than what I actually need - I would include this in the reconsideration letter as a possible problem in communication. Although I suffer from CFS/M.E I have reactive depression as a result of being ill for so long. I was going to include a letter of support from my Support Worker at MIND. I have a letter from a Urologist from a few years back which also outlines an embarressing problem which is relevant. Even though this is a few years old I was going to include this and ask the Urologist to write a current letter(which knowing hospitals would take months) which I could then use at appeal if necessary. How does this sound? Any advice appreciated - this is a very stressful time.

Your posting is spookily similar to what happened to me. I too suffer from ME/CFS and claim DLA. I can hardly walk at all (10 metres would be very good before the severe pain sets in).

Like yourself, at DLA renewal time, I too went from High Mobility and Middle Care to High Mobility and Low Care.

With the help of the CAB Welfare Rights, I asked for a reconsideration of the care side and said that I was happy with the mobility. However on reconsideration they dropped the Mobility to nil and kept me on low care.

I then appealed and had my oral tribunal hearing last month. I had a rep from Welfare Rights with me who was confident my mobility would be reinstated and was very good. However although the tribunal did raise my care to Middle Rate, they would not reinstate the Mobility.

My rep asked for the Statmeent of Reasons but sadly the welfare rights said although the reps all agreed that I should have been awarded high mobility, the tribunal had not made any 'errors of law' which is the only way to take a case any further if you lose the appeal.

Thus I have now lost my Motability car, my Blue Badge, my Freedom (Bus) Pass, Free disabled tax disc etc etc.

Although I now get a few more pounds due to the increased care award , in reality I am a lot worse off with no mobility car, free tax disc, blue badge, Freddom Pass etc. I also use up the increased care award having to now buy a chaep car, car repairs, paying road tax - the list goes on. I am much worse off.

So, yes they can (and do) look at everything if you ask for a reconsideration and/or appeal tribunal and can take your mobility away even though it is only the care you disagree with. I did everything right, had lots of evidence, letters from GP and Consultant, having a rep with me etc but still lost out big time.According to another rep, this is happening a lot nowadays (probably a sneaky way for the government to cut down the welfare budget but no one will ever prove it).

So, please do think about what you are doing. With hindsight I wish I had just accepted the original decision of High Mobility and Low Care. I know I would have been quite a few pounds worse off every week, but losing my Mobility award has cost me a lot more.

Paula

TOBRUK

P4ula wrote: »

Yo
Like yourself, at DLA renewal time, I too went from High Mobility and Middle Care to High Mobility and Low Care...

... So, please do think about what you are doing. With hindsight I wish I had just accepted the original decision of High Mobility and Low Care. I know I would have been quite a few pounds worse off every week, but losing my Mobility award has cost me a lot more.

Paula

Thank you for posting and sharing your experience. I am really sorry that you lost your mobility award which was not just reduced but taken away completely! I know how difficult mobility is when you suffer with ME and the DLA mobility element is a lifeline to be able to get around. I am sure you are devastated with the outcome as I would be, but thank you again for sharing your story. I am relieved now that I didn't challenge their decision.

I really do hope you at some point can regain DLA for mobility - is it possible you could/would apply for this again? I don't know how or when it is possible to apply again after such a decision is made. I really do wish you well.:)

Trialia

Tobruk, I am in a similar situation to you - the Pension Service gentleman who helped me fill out my DLA forms said that I should definitely receive mid-rate care given the criteria and my condition, but I only got lower-rate with HRM, and I neither have the energy to challenge it nor the inclination, just in case I lost more than I'd gain...