DLA Award Reduced

TOBRUK

Trialia, I understand completely. It is so difficult to come to a decision of whether to challenge their (DLA) decision or not, never mind what others advise or believe you are entitled to - in your case the Pension Service gentleman. He was saying that you should

definitely receive mid-rate care given the criteria and my condition,

I'm afraid nothing it seems definite where the DLA decision makers are concerned.

I had help from CAB on the first two occasions I applied for DLA years ago and on both occasions the application was declined, although CAB advisor was confident. I went to tribunal and won - at that time I was awarded LMR which was fine as at that time I felt it was the right award. Over the years I have deteriorated. Ever since then I have filled in the form myself and every time I have been succesful and I have great support from my GP which they have contacted for a report each time. However, my recent award where they have reduced the care element, although I don't agree with the decision I haven't challenged it.

I have read so many posts where people have had advice that they should definitely be awarded such and such on mobility or care and have been declined, even with support from medical professionals etc. It really makes you wonder that a lot of it is luck!

SingleSue

I was speaking to one of the mums in the parents room last night and she too was awarded high rate mobility and low rate care and was advised to appeal against the LRC as her needs warranted at least MRC.

She lost both completely.

tattonlady

Good advice from everyone about challenging awards. I wondered about asking for medium rate care too. I have hrm and lrc awarded indefinitely since 2001.My needs have become much worse, I think I will just manage in the best way I can!!

Lou76

SingleSue wrote: »

I was speaking to one of the mums in the parents room last night and she too was awarded high rate mobility and low rate care and was advised to appeal against the LRC as her needs warranted at least MRC.

She lost both completely.

That's awful.

Does anyone know how they justify this?

Surely, considering you haven't got any better in the few weeks it takes to get the appeal/reconsideration sent in (otherwise I doubt you'd appeal the decision in the first place), that's as good as saying they made a mistake in their original offer? :eek:

I could understand if they refused to 'upgrade' you, but I'm at a loss as to why [in such a short space of time] they can overturn the original award decision. *me is confused dot com*

ETA: Good luck OP, I hope it all goes well for you.

Saversue

P4ula wrote: »

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

How sad for you.
I have just asked for a reconsideration of my award which was HRM and HRC, but only for one year, after having awards for 2,3 and four years respectively. I am so anxious that I too wished that I had just accepted it and applied again next year, but I wanted to get a mobility car, for the first time, and it wasn't worth the hassle and cost for just 12 months.
I would have had to sell my car, make an advanced payment and find a company willing to do a one year contract - at the end of which I might of had no car if the DLA was not renewed. So I am keeping my own car, but can only drive a few miles due to my mobility problems.

Its about four weeks since I asked for a reconsideration and I am finding it very difficult to cope because of the stress. Reading other people's experinces it does look like there is some huge cost-cutting going on.

I have been told that most cliams are dealt with by sub-contractors and they are paid a bonus for knocking claims back. This information was given to me by the doctor that assessed me for a Disabled Bus Pass last year. He was lovely and couldn't understand why I hadn't got an indefinite award. He told me he also worked for the DLA and he advised me to appeal if necessary, but not everyone is that nice!

MECFS_2

Has anybody got any positive stories where they have challenged their award, won, and had it increased on reconsideration or appeal?

kingfisherblue

Several years ago, children could only get mobility at aged five. This was changed so that high rate mobility could be awarded at aged three, just a couple of weeks before my son had his third birthday. I was due to renew his DLA anyway.

He was refused HRM, but I rang up and spoke to somebody about the decision. I explained that since sending in the form, my son had seen the physio again and she hadd told me that he was feeling pain in his limbs, probably due to hypermobile joints. He could walk very short distances, but stopped constantly. The physio told me that he kept stoppong to wait for the pain to subside, but couldn't tell me because of his learning difficulties and being non-verbal at the time. He also has problems with breathing when he walks more than a few metres.

A few weeks later, I received a letter awarding HRM and telling me that a backdated payment would be put into my bank account.

My son has been on HRM ever since and his award is currently indefinite.

Tally-Ho_2

ME/CFS wrote: »

Has anybody got any positive stories where they have challenged their award, won, and had it increased on reconsideration or appeal?

Due to the very nature of this type of forum, people will seek help here whenever they have a problem, hence you will read more negative type stories than positive ones like Kingfisherblue's above.

As has been stated in a few posts on this thread though, asking for a reconsideration and/or appeal does carry a degree of risk and as has been demonstrated it is not an 'idle risk' either.

You really do need to think and weigh up the possibilities such as could you manage without the High Mobility Component, and/or no Care Component in a worse case scenario versus being moderately better off every week. Or is it safer just to stick with what you have been awarded.

You can get help from Welfare Rights Advisers who will go through your claim in depth, they should be able to quantify the risk to your existing award versus the chances of success in keeping the high mobility and getting the care increased to middle or even high rate. Remember though the clock is ticking for asking for a reconsideration or appeal, so the sooner face to face advice is sought the better really.

Ultimately it is down to you. In the words of Jim Bowen on Bullseye ''Would you like to consider a gamble?'' although, with Welfare Rights help it is more of a calculated risk. Even so as in Paula's case above occasionally there is the unexpected result, just as much as someone maybe given a higher rate than was sought. You have to be prepared either way.

I would dearly love to say yes go ahead, and you will get the increased care without question, but would truely dread you coming back in a few months to say you have lost the lot.

Only you can weight up the paradoxic pro's and con's, but do seek some face to face help to reduce the risk.

Tally

Indie_Kid

ME/CFS wrote: »

Has anybody got any positive stories where they have challenged their award, won, and had it increased on reconsideration or appeal?

Yes:
I was awarded nothing in January 2008 because "I should've adapted by now". (I've had what I've got since I was at least 4; but it's only been over the last few years that I've becom so tired I can't focus. There are also things I have never been bale to do safely) I got CAB involved who managed to get me LRM & LRC on my behalf. (they spoke to DWP and filled in the appeal / GL24 form)

P4ula

Tally-Ho wrote: »

Due to the very nature of this type of forum, people will seek help here whenever they have a problem, hence you will read more negative type stories than positive ones like Kingfisherblue's above.

As has been stated in a few posts on this thread though, asking for a reconsideration and/or appeal does carry a degree of risk and as has been demonstrated it is not an 'idle risk' either.

You really do need to think and weigh up the possibilities such as could you manage without the High Mobility Component, and/or no Care Component in a worse case scenario versus being moderately better off every week. Or is it safer just to stick with what you have been awarded.

You can get help from Welfare Rights Advisers who will go through your claim in depth, they should be able to quantify the risk to your existing award versus the chances of success in keeping the high mobility and getting the care increased to middle or even high rate. Remember though the clock is ticking for asking for a reconsideration or appeal, so the sooner face to face advice is sought the better really.

Ultimately it is down to you. In the words of Jim Bowen on Bullseye ''Would you like to consider a gamble?'' although, with Welfare Rights help it is more of a calculated risk. Even so as in Paula's case above occasionally there is the unexpected result, just as much as someone maybe given a higher rate than was sought. You have to be prepared either way.

I would dearly love to say yes go ahead, and you will get the increased care without question, but would truely dread you coming back in a few months to say you have lost the lot.

Only you can weight up the paradoxic pro's and con's, but do seek some face to face help to reduce the risk.

Tally

What an excellent balanced posting Tally Ho. It sets the situation exactly as it is.

It is spot on. (A contender for posting of the week?).

To the OP, speaking from my own experience, yes I was unlucky in a way, but the above post does set the scene exactly.

If you had been awarded only low care or low mobility or even nothing, I would be the first to say go straight ahead reconsdieration and appeal. However you already have a moderate award of high mob/low care, so the risk is different to SH's posting above.

As I said in my first posting on this thread, I seriously now rue the day I (with Welfare Rights help) asked for the damn reconsideration. I would hate for someone else to end up in the same position I now find myself in.

I have been told to wait a few months and reapply, but this experience has cost me dear financially and made my clinical depression and ME/CFS much worse than I could imagine.
Even if my award eventually gets re-instated at the levels I was originally on, or even subsequently awarded, I estimate it will take me financially at least three years to recover.Physically and mentally well god knows - I dread any communication from the DWP dropping through the letterbox now and that is no way to exist..

Paula