DLA Advice Please

gazfocus

Since my wife was approx 14 years old, she has been in receipt of Disability Living Allowance at the Middle Rate of Care and Lower Rate of Mobility.

Now my wife has turned 20, she had to reapply for DLA and we were told that the decision made this time would be 'indefinate' unless my wifes condition changed.

She suffers from severe Asperges Syndrome, Dyspraxia and something else (can't remember the name, but all to do with social ability and awareness of space/co-ordination).

We filled the form in with the help of my wifes mother (as she knows more about the disabilities than I do) and the decision has come back that my wife is only entitled to Lower Rate Care, which means we can't get anyone in to help her throughout the day because there's no entitlement to carers allowance.

My wife cannot cook or prepare a meal for herself in case she endangers herself, she frequently falls up the stairs due to her dyspraxia and she won't go out of the house on her own because she's scared people will try to talk to her. Therefore, we really believe this decision is wrong.

We are trying to put together a letter to request an appeal so I was just wondering if anyone could offer any advice as to what we can put.

Thanks in advance.

rogerblack

DLA awards depend on the care and mobility needs, an in a few cases other things.
In your wifes case, she needs to, for low-rate mobility, be assessed to need someone to help her when she's out.
For mid-rate care, she needs to require either constant supervision during the day, or help with 'bodily functions' amounting to more than a couple of hours a day.
This help is not help with doing tasks, but help with 'bodily functions' - that which someone of normal health would be able to do for themselves.
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/#vol10 - see chapter 61. http://www.disabilityalliance.org/dlalaw.htm#Cooking may also be of use.

Secondly - are you working?
If so, if you earn over 100 pounds a week, after some deductions, you are not entitled to carers allowance.

The first thing to do in any case is to phone them up today, and ask for a 'written statement of reasons' on the decision about your wifes disability, as well as all the documentation they used to come to this decision.

http://www.dwp.gov.uk/privacy-policy/data-protection/ - in addition - get a full copy of the DLA, and any other benefit files that may apply.

lin_c_2

When the same thing happened to my daughter going from higher rate for care and mobility and then being awarded lower rate for both I got my daughter's GP to contact DLA and speak to them telling them she hadn't had any change in her condition they asked the GP to send them a fax confirming this in writing and as soon as she did they reinstated the original awards. I hope you can get it resolved asap. Perhaps you would be best getting help from a welfare rights officer who can also help with an overall benefit check up. Good luck.

recoverydust

APPEAL. Get specialist advice, CAB or welfare rights
This is happening to lots and lots and lots of people with mental health/learning disabilities and ASD.
The form HAS changed since I originally applied in 2004 and you need expert help to fill it in.
If you would care to pm me I can make a couple of suggestions, i am not an expert but i know a couple who maybe able to assist

sorry this has happened to you it must be a worry

FBaby

Who has been providing the care to her until now? Does it mean you can't afford to use their support any longer? If so, maybe they could provide evidence that you needed their help, surely you wouldn't be funding something that isn't needed and that's very much as good evidence that your wife does need that support as can be.

gazfocus

Thanks for all the advice so far.

@rogerblack - Yes, I am working but I'm not in receipt of Carers Allowance. What I was meaning by the reference to carers allowance was that now that the dla award has been significantly reduced, I will have to work extra hours which will mean I won't be around to make sure my wife eats her meals and as there's no entitlement for anyone to receive carers allowance for my wife, we can't even go down the route of having someone in to help.

I feel my wife does need constant supervision because as I said, she falls up the stairs alot, she struggles to judge spaces between objects so walks into furniture alot and she won't eat if she's on her own.

@lin_c - Thanks for your post. That is reassuring and will have a word with the GP.

@recoverydust - Thanks, we received the letter a week ago and it says we have 1 month to appeal. I will phone them today to ask for a statement of reasons and make them aware that we intend to appeal.

@FBaby - I have been working 2 part time jobs to enable me to spare time to care for my wife. Now that the award has been lowered I will need to increase my hours which means I will not have the time to provide this care and my concern is that this will make her ill. She will only eat if I'm there to make sure she eats. She's scared to use the kitchen incase she burns or cuts herself and the DLA adding this additional worry is not fair.