DLA, Mobility and illness that are constent

AG0987

I made an error in the heading it should say

DLA, Mobility and illness that are not constent

Need your help

Have a cousin who was recently diagnosed with a form of epilepsy, the DVLA suspended her drivers licence but she has been refused mobility because her illness is not constant.

Have a neighbour who works, is able to drive and I see her walking to the shops which is a god 20 minute walk and back as well as to the pub every friday. She has mild MS but full entitlement to DLA and mobility, in fact the council gave her a grant to build a downstairs bedroom and bathroom.

At work there is a guy who suffers asthma, OK I know it can get bad at times but most of the time it is OK, yet gets mobility.

What are the rules?

Thanks for any answers

Indie_Kid

Having no driving licence due to disability has nothing to do with DLA.

Oldernotwiser

Receiving DLA mobility and being allowed to hold a driving licence are two totally separate issues.

Fading_Star

AG0987 wrote: »

I made an error in the heading it should say

DLA, Mobility and illness that are not constent

Need your help

Have a cousin who was recently diagnosed with a form of epilepsy, the DVLA suspended her drivers licence but she has been refused mobility because her illness is not constant.

Have a neighbour who works, is able to drive and I see her walking to the shops which is a god 20 minute walk and back as well as to the pub every friday. She has mild MS but full entitlement to DLA and mobility, in fact the council gave her a grant to build a downstairs bedroom and bathroom.

At work there is a guy who suffers asthma, OK I know it can get bad at times but most of the time it is OK, yet gets mobility.

What are the rules?

Thanks for any answers

I'm certainly no expert on this, but as I understand it there are two elements to the mobility part of DLA. One is the lower rate (currently £18.95 per wek), and the higher rate ( £49.85 per week). The lower rate is given if you need supervision or guidance when walking outside, eg if you had a visual impairment or a learning disability. The higher rate is given if you cannot walk, or cannot walk past a certain distance without pain. So someone may be able to walk to the shops and back etc, but if they have pain and discomfort on walking they will still qualify for the benefit at a higher rate.
It sounds (again I'm no expert on this but just my opinion) as though your cousin would need supervision when she's out walking as if she had a seizure that could be quite dangerous I'd imagine, she may need someone there to keep her safe, inform the public etc. If she has any problems walking, eg pain, weakness etc, she may qualify for the higher.
As her driver's licence has been suspended she may qualify for a free bus pass. This is issued by your council, and is not part of the DLA, although getting DLA can be used to meet the criteria. You'd need to get an application form from your local council and provide proof as to why your cousin can no longer drive.
I'd get more information into this...it's worth looking into as there's a scheme available (motability) for people receiving higher rate mobility allowance....someone can get a car on behalf of your cousin and drive it for her in exchange for her allowance. You're probably already aware of it but thought i'd mention in just in case.
Hope this helps!

Indie_Kid

Fading_Star wrote: »

I'm certainly no expert on this, but as I understand it there are two elements to the mobility part of DLA. One is the lower rate (currently
£18.95), and the higher rate ( £49.85). The lower rate is given if you need supervision or guidance when walking outside, eg if you had a visual impairment or a learning disability. The higher rate is given if you cannot walk, or cannot walk past a certain distance without pain. So someone may be able to walk to the shops and back etc, but if they have pain and discomfort on walking they will still qualify for the benefit at a higher rate.

This is pretty much true. There is also the deafblind and severe mental impairment criteria for HRM.

zzzLazyDaisy

Fading_Star wrote: »

I'd get more information into this...it's worth looking into as there's a scheme available (motability) for people receiving higher rate mobility allowance....someone can get a car on behalf of your cousin and drive it for her in exchange for her allowance. You're probably already aware of it but thought i'd mention in just in case.
Hope this helps!

It is very unlikely that someone with epilepsy will get HRM, as the mobility part arises because of the need for supervision when out, rather than the illness having a physical effect of their ability to walk without pain, discomfort etc.

As others have said, DLA is to do with a person's care and mobility needs, and doesn't take into account whether the person is able to drive or not.

However, someone with epilepsy can get DLA in the right circumstances - I know someone who has uncontrolled epilepsy and can fit at any time and without warning. On her consultant's advice she must be supervised 24hrs a day. She gets HRC & LRM.

AG0987

So what about these people whose symptoms come and o asthma for example

zzzLazyDaisy

If someone has severe asthma, this may affect their ability to walk, in that they get breathless or exhausted after walking only a short distance, or walking may bring on an attack. So it has a physical effect on their ability to walk.

That is a different scenario from someone who can walk but is potentially at risk if they go out on their own, such as someone with uncontrolled epilepsy, or someone with mental health problems, for example.

The difference is whether the illness means they need help because their illness affects their mobility, or whether it means they have an increased need for supervision.

It is to do with how the illness affects the person on a day to day basis and what their care/mobility needs are as a result. Each case is different and one person with (say) epilepsy, will have needs that give rise to an award of DLA, where another person won't. Same as asthma, MS, ME and other variable illnesses. It is not about what condition they have, but how that condition affects that particular person.

Mupette

I can only answer based on what i am like.

I have MS, my driving licence has been changed to 3 years, every 3 years i need to prove i am fit and safe to drive. (As it should be)

If i am having a bad day, i can't get out of bed, on a good day i can potter about (but this is based that i think i am having a bad time with MS at the mo and have done for a few months now)

I can walk.. but every step i take is painful for me, i do have high rate mobility on dla, and my care needs are during the day, i don't feel i need night care, once i am in bed that is it, yes ok i need a bit of help, but i don't feel i warrant the extra care component yet, it has been offered but i said no, i don't need it yet.


I worked for 8 years with MS (although i didn't know it was MS at the time), and it was a hard struggle keeping jobs, getting sacked for time off sick time and time again, i didn't have an answer to why i was ill all the time, and so empolyers just thought i was unsuitable for my job as i was unrelyable.
I have had to change the type of car i drive to keep my independance on the road.
Although there are days i just don't feel well enough to drive, and i would be the first to say if i didn't feel safe to drive, especially if i have had to take lots of drugs that day then i will not drive.

I hope you find the answers your looking for... MS as you rightly have said is one of those illness/digenerative diseases that are different from one day to the next, yesterday was an ok day, today i have headaches... and my knees have kicked off too again

Jowo_2

Awards for DLA are done on a case by case basis, based on care and mobility needs, not on diagnosis (though I believe there are probably certain very serious illnesses where DLA is almost certainly given). It is pointless to compare specific illnesses between different people - apples and pears, it's about impact on a persons life.

If you want advice on how your friend can appeal or a bit more info on specific benefit entitlements, then please clarify.

It is evident from this forum that some people have legitimate needs that aren't addressed because their DLA application has weaknesses.

millym

OP, your neighbour is probably in constant pain. I have ME and constant leg pain, usually so severe that I cannot leave the house. However, on a 'better' day, I may walk a short distance (few and far between, but does happen), knowing that later on, I will be in agony. However, i make that choice as for me, it's something I feel I need to do occasionally.

I'm sure some of my neighbours have no idea that I have any kind of disability as I probably appear fine on the rare occasions I manage to go out. Lots of disabilities are hidden.