To DLA or not to DLA.

rogerblack

Scarab wrote: »

'It depends entirely on care and mobility needs.' - yes and how any monies given would be of assistance to you in significantly improving and better managing your illness and day to day life.

It does not depend on this.
It depends on the care and mobility needs only.
The person is entirely free to spend the money on coke and hookers. (neglecting the separate legality of those)

The tests in the act, and the DWP guidance nowhere at all mentions that the funds must be able to make your life easier.
This is especially clear as DLA is not a means-tested benefit, you can get DLA when working on 100K/year.

The DLA rates are _NOT_ matched to what the care costs.

For example, if you are assessed as requiring supervision 24*7, this entitles you to 74 pounds a week.
Good luck in finding someone to watch over someone for 40p/hour.

Scarab

Roger, I may be asking the wrong person here because I'm sure you said elsewhere on another post that your gp torpedoed your DLA application, but say for instance somebody who suffers from a serious mental health condition, who was closeted up indoors week after week, very often slept up to 18/20 hours a day and who only got up to visit the bathroom or get something cold from the fridge to eat and who could go almost a fortnight without seeing another human being, only eventually venturing out because they'd run out of food three days earlier and was subsequently almost too weak to make it to the supermarket 200 yards away and who hadn't been able to visit their children for months because their car was a non runner, who couldn't handle public transport and had to rely on their mother dropping them off once in a blue moon, would you say that person had justifiable DLA care needs even if they weren't currently getting them?

lynnysinger

my daughter has severe mental health problems not dissimilar to your own. Whilst we recognise how bad it is , she is only entitled to lrc. she is ok with that, because she believes that to be fair. she is 31 years old, is unable to have a family because of her mental health and is a virtual hermit. the drugs she is on are constantly being changed to try and get her condition under control, and her weight fluctuates immensely according to her state of mind. she has been unable to work for almost 8 years now.
So, i sympathise with your situation, i really do, but high rate care?

rogerblack

Scarab wrote: »

but say for instance somebody who suffers from a serious mental health condition, who was closeted up indoors week after week,

Possibly arguments to be made about both DLA care and mobility, yes.

skintandscared_2

Scarab wrote: »

Roger, I may be asking the wrong person here because I'm sure you said elsewhere on another post that your gp torpedoed your DLA application, but say for instance somebody who suffers from a serious mental health condition, who was closeted up indoors week after week, very often slept up to 18/20 hours a day and who only got up to visit the bathroom or get something cold from the fridge to eat and who could go almost a fortnight without seeing another human being, only eventually venturing out because they'd run out of food three days earlier and was subsequently almost too weak to make it to the supermarket 200 yards away and who hadn't been able to visit their children for months because their car was a non runner, who couldn't handle public transport and had to rely on their mother dropping them off once in a blue moon, would you say that person had justifiable DLA care needs even if they weren't currently getting them?

In my personal experience (with my partner), No. His situation was very similar to yours for several years and included causing mayhem in supermarkets when he DID venture out, sometimes verbally abusing people in his confused state. He was entitled to absolutely nothing unfortunately.

The factsheet that I linked in post #32 is very helpful and quite comprehensively lists what is included. You might find that answers your questions.

Scarab

Thx lynny, how would you differentiate between LRC and HRC in my/your daughter's case, there was a thread recently where a guy with m/h issues was getting HRC and managing to go to college every week, which I could never do, how does that work?
Roger, how would you relate mobility to what I've said, I didn't think I'd be eligible, also how can I highlight previous text?

rogerblack

Low rate mobility is granted for people who would be able to get out only with help/guidance.
High rate mobility is hard to argue for mental conditions.

lynnysinger

im really hoping that when the new PIP is introduced that there will be a lot more clarity for everyone, so that we all get treated the same .
There is the argument that the filling in of the form is the root to the benefit being awarded or not, and of course, there will be some people who greatly exaggerate their needs in order to match the criteria. some benefit forums actually tell you how to fill the form in so that you pass first time!
i asked for a review recently of my care component. currently have hrm lrc. my condition has gotten a lot worse since the lrc was awarded. it came back unchanged. at first i accepted it, then after my family couldnt believe that i had only been awarded the lrc i phoned in and asked for a reconsideration, for which i am awaiting the response.
if i have to go to appeal i will, but how dreadful that any of us should have to be put in that situation.
im housebound, cannot even sit in a car, let alone drive anymore, and since my last spine surgery i have been stuck in a miami j neck brace and not allowed to lift anything because my bones are very soft and i risk this last fusion not working. then i have to have another spine operation, then a knee replacement. my spine operations are not to make me better, just to stop me from being paralysed, so no good outcome due for me!
whatever your health problems be they mh or physical i hope and pray that you are taken care of appropriately, and good luck with it.
i hope you also have arranged some family visits at least over christmas, and that you are not on your own over the whole holiday. if you havent, i hope that you have the strength to try and sort something out so youre not on your own.
best wishes