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Mum refused DLA

starM
starM Posts: 1,464 Forumite
edited 3 September 2010 at 9:14PM in Benefits & tax credits
Hi,

My mum has walking problems. She can only walk very little then and needs help after that. She has been claiming DLA at higher rate since 2004. Around 1 & half a mth ago she received a letter stating they recently received information which suggested that she may not be entitled to DLA.

Forms was received which was completed straight away. Later she received a letters asking if she ever been hospital. Said yes she been to hospital in Oct 09 and had an operation but that was nothing todo with her legs.

Then DWP contacted our GP for reports which they provided. My mum has same GP for 30 yrs she knows all her health problems. I'm sure our GP report was in my mums favour.

later my mum received a letter that a professional person will be coming home to see here. She came 2 weeks ago, sat down around 45-1 hr chkd blood pressure etc and then went off.

She now received a letter stating she is not entitled to any DLA from 31/08. It also states that mum can walk 800 mitres without a problem - what a joke.

My mum went abroad beginning of this yr for afew weeks - She was delayed togo inside the flight simply because the person who had access to the wheelchair was not at his place. My mum sat down at one place for about 20 mins and then that man came - she was taken in the wheelchair to the flight. A lady who cannot walk from the Airport to the flight DWP are saying she that she can walk 800 st mitres without a problem.

Within a wk higher rate entitlement to nothing which she was getting for 6 yrs - Any idea what steps I can take further?

Thanks
MS
«134

Comments

  • starM wrote: »
    Hi,

    My mum has walking problems. She can only walk very little then and needs help after that. She has been claiming DLA at higher rate since 2004. Around 1 & half a mth ago she received a letter stating they recently received information which suggested that she may not be entitled to DLA.

    Forms was received which was completed straight away. Later she received a letters asking if she ever been hospital. Said yes she been to hospital in Oct 09 and had an operation but that was nothing todo with her legs.

    Then DWP contacted our GP for reports which they provided. My mum has same GP for 30 yrs she knows all her health problems. I'm sure our GP report was in my mums favour.

    later my mum received a letter that a professional person will be coming home to see here. She came 2 weeks ago, sat down around 45-1 hr chkd blood pressure etc and then went off.

    She now received a letter stating she is not entitled to any DLA from 31/08. It also states that mum can walk 800 mitres without a problem - what a joke.

    My mum went abroad beginning of this yr for afew weeks - She was delayed togo inside the flight simply because the person who had access to the wheelchair was not at his place. My mum sat down at one place for about 20 mins and then that man came - she was taken in the wheelchair to the flight. A lady who cannot walk from the Airport to the flight DWP are saying she that she can walk 800 st mitres without a problem.

    Within a wk higher rate entitlement to nothing which she was getting for 6 yrs - Any idea what steps I can take further?

    Thanks
    MS

    With the sound of it, somebody has informed DWP that your mum may not be as 'ill/disabled' as she has been leading people to believe.

    DWP seem to have carried out a thorough investigation - asking for a GP's report and obtaining a home assessment from probably ATOS, a healthcare provider for the government.
    The decision maker, after looking at all of the reports has concluded that your mum's inability to walk is not as bad as it was in the past - hence the reduction/loss of DLA. They could have gone one step further but seem not to have done, in that they could suggest that this 'improvement' has been around for quite a while and that your mum should have notified an improvement of her mobility.

    Your only option is to appeal against this decision with the one month limit and then gather enough evidence that can be shown to the Tribunal in order to discredit the DWP's own evidence. Not an easy job, bearing in mind your GP has has already given a report to DWP.
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    Within a wk higher rate entitlement to nothing which she was getting for 6 yrs - Any idea what steps I can take further?

    You can't do anything, but your mum could ask her GP for a copy of the report they sent. Don't assume it was in your mum's 'favour' until you see it.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • starM
    starM Posts: 1,464 Forumite
    With the sound of it, somebody has informed DWP that your mum may not be as 'ill/disabled' as she has been leading people to believe.

    DWP seem to have carried out a thorough investigation - asking for a GP's report and obtaining a home assessment from probably ATOS, a healthcare provider for the government.
    The decision maker, after looking at all of the reports has concluded that your mum's inability to walk is not as bad as it was in the past - hence the reduction/loss of DLA. They could have gone one step further but seem not to have done, in that they could suggest that this 'improvement' has been around for quite a while and that your mum should have notified an improvement of her mobility.

    My mum first started to claim in 2004. As far as I can remember my mums ability to walk is much poor now since it was before. I will ask for reconsideration and appeal to Tribunal.
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Is her GP aware of how severe her walking difficulties are?
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
    50p saver #40 £20 banked
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  • starM
    starM Posts: 1,464 Forumite
    Errata wrote: »
    You can't do anything, but your mum could ask her GP for a copy of the report they sent. Don't assume it was in your mum's 'favour' until you see it.

    I have contacted DWP today and I have req copies of the GP report and the report completed by the lady who came to see my mother.
  • starM
    starM Posts: 1,464 Forumite
    sh1305 wrote: »
    Is her GP aware of how severe her walking difficulties are?

    Yes - He has been our GP for the last 30 yrs - My mother did go to see him today and showed him the DWP letter aswel. His first response was that someone from our familiy or near to us has made the complaint. I have not seen his report myself but he is aware of my mothers all heath problems and should have done the report correctly.
  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It's not to do with your mums health though it's to do with her mobility needs/care needs.

    If your mum can walk 100m or more at a normal pace without being in "severe discomfort" and the exertion of walking that distance wont kill her then she isn't entitled to higher mobility. Lower mobility isn't anything to do with walking but rather being safe when out and about so it isn't even a case of dropping her down a band.

    Honestly, how far can your mum walk before being in pain/needing to rest?
    If your mum was able to get up, answer the door, let the medical professional into the house, go back to the sitting room, get them a cup of tea/a drink and come and sit with them in a reasonable time then she is able to walk over 100m.
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    GlasweJen wrote: »
    Honestly, how far can your mum walk before being in pain/needing to rest?
    If your mum was able to get up, answer the door, let the medical professional into the house, go back to the sitting room, get them a cup of tea/a drink and come and sit with them in a reasonable time then she is able to walk over 100m.

    This might've been how the 800m decision was made. (and therefore, no HRM)
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
    50p saver #40 £20 banked
    Virtual sealed pot #178 £80.25
  • Just out of interest - and I am not implying anything about the OP's mother - if care/mobility needs are caused because an individual is morbidly obese would they be able to put in a claim for DLA?
  • It may not have been a whistle blower. DWP have been told to save tax payers ' money and to re-investigate some claims.
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