DLA - Change of circumstances

SueDerbyshire

Hi,

I claim DLA but sadly my condition has worsened and therefore so have my circumstances, what is the best way to inform DLA?

I don't suppose it will change my payments etc but just want to keep them informed. I have a new medical report stating that my condition has deteriorated and am now under yet another consultant due to a new problem, should I send the relevant details to them? Ring them up to explain? Or, is there a form on line you can download to inform them?

Thanks in advance for your help.

Sue

HB58

Write to the address on your award letter, tell them the situation and include whatever evidence you have.

rogerblack

In addition to the above - make it clear that the worsening of the condition happened before the date on the medical report (assuming it did), and give approximate dates, if you can.
This may mean that you avoid needing to wait 3 months, if your condition has worsened enough that you have increased care or mobility needs.

(you need to have had the needs for 3 months, and reasonably be expected to continue to have them for another 6)

SueDerbyshire

Thanks so much for your replies.

Having read the Care componenet discriptors, it looks like my award may go up to high rate care, I already get high rate mobility.

What I am not sure about is which date to use. I had an appeal and had my tribunal heard on the 4th October 2011, I was in attendance, this was when I was told I was successful. During this tribunal, I explained most of my new circumstances, however, I was told at this time, this new evidence would not be considered because it wasn't on my original application form and that was the information they were looking at.

It has been over 6 months since my new health problems started, should I just tell them that or state they started before the 4th October? (same thing really, I suppose). The medical report was an ESA report that they used which was pretty much dismissed due to incorrect information in it. The medical was completed in August 2010, most of my new syptoms did not exist then.

So, which date should I use? Or should I just say over 6 months?

Thanks again for all your help.

Sue

Anubis_2

Be careful.... The whole award will be looked at again and you could loose what you have already. Don't bank on it going up. FRC is for round the clock care.

SueDerbyshire

Exactly, this is why I am checking on the dates etc. I am informing them mainly to keep them up to date of my circumstances.

I have been searching the internet for the last couple of hours to see if I can get any advice with informing them of the changes. I went through enough with the tribunal before and I don't want to go through that again and although I have evidence of my conditioning worsening, MRI scan report etc and 2 new conditions that come under the high rate care component, I understand I will need to stress that other aspects of my health have not changed and if anything unfortunately worsened.

Just need to word it carefully and therefore need to capture the correct words, such as "prolonged and repeated attention". This does not mean I am going to put false information in my letter, I just want to make sure I use their language to explain my situation, just as you would with a job application I suppose.

Thanks for pointing this out to me.

Sue x

Anubis_2

SueDerbyshire wrote: »

Exactly, this is why I am checking on the dates etc. I am informing them mainly to keep them up to date of my circumstances.

I have been searching the internet for the last couple of hours to see if I can get any advice with informing them of the changes. I went through enough with the tribunal before and I don't want to go through that again and although I have evidence of my conditioning worsening, MRI scan report etc and 2 new conditions that come under the high rate care component, I understand I will need to stress that other aspects of my health have not changed and if anything unfortunately worsened.

Just need to word it carefully and therefore need to capture the correct words, such as "prolonged and repeated attention". This does not mean I am going to put false information in my letter, I just want to make sure I use their language to explain my situation, just as you would with a job application I suppose.

Thanks for pointing this out to me.

Sue x

The only condition that would give auto HRC is a terminal one, and for terminal illness you would be sent a special form.

There is no other condition that entitles you to anything - because it's not about conditions, it's about the care you need and if medication can improve the condition, therefore lessening the care, that is also taken into consideration.

The evidence you present may not be used, it can all boil down to what your specialist tells them etc.

A friend of mine had a heart attack, was given quite a few new meds, needs more care now etc, they kept her on low rate care.

SueDerbyshire

So are you saying that this, which is on the disabilityrightsuk.org site is incorrect?

4. Disability test - care component

For the disability test for the lowest rate DLA care component you must satisfy one of the following conditions:

• need attention in connection with bodily functions for a significant part of the day which can be during one or more periods.
• be age 16 or over and unable to prepare a cooked main meal.

For the disability test for the middle rate DLA care component you must satisfy one of the following conditions:

• need frequent attention throughout the day in connection with your bodily functions.
• need continual supervision throughout the day to avoid substantial danger to you or others.
• need prolonged or repeated attention at night in connection with your bodily functions.
• need another person to be awake at night for a prolonged period or at frequent intervals to watch over you in order to avoid substantial danger to you or others.

For the disability test for the highest rate DLA care component you must satisfy either of the following:

• have one of the day needs and one of the night needs shown in the middle rate conditions.
• you are terminally ill.

I have 2 of the day needs and 1 of the night needs within the middle rate conditions. Medication cannot improve my condition sadly and my 3 specialists, Nerosurgeon, pain management and Urologist will be able to provide further evidence to prove the change in my circumstances along with the MRI scan report. I am hoping this will be enough.

All I can do is tell them the truth, I have genuinely got worse and nothing can be done to ease my condition, I am expected to deteriorate, just as I have done over the last 16 years.

If they decide to keep me as I am, I will be happy with that, remember this isn't about the money. If they decide to decrease my award, then I will have to deal with that. All I can do is tell them the truth. It is quite sad that in order to tell them you have worsened, you might be putting yourself at risk for a lesser award.

Thanks again for pre-warning me though.

Sue x

Anubis_2

Hi Sue,

No, I am not saying its incorrect, as it states "needs" as opposed to "conditions" - there is a difference, and the confusion was when you stated you had two conditions that entitled you to HRC.

I totally agree, informing them of a change of circs for worsening conditions should not put anyone at risk. At the moment though they are trying to get people off DLA with all the cutbacks - so it is all up in the air kind of.

I don't think there are a lot of cases where the reward is taken away or reduced, I think in most cases it stays as is, and as you have a good team behind you, you may be fortunate enough to get an increase

I am sorry to hear that your condition has worsened and I sincerely hope they do increase the award for you

SueDerbyshire

Thanks again for the information.

I have spent all day Friday writing the letter and still not finished lol. Just making sure I get it right.

I am also going to write to my GP and 2 consultants explaining what I have said in my change of circumstances letter, so that they mention what I have covered. All 3 know about my problems, they are all linked to one major thing, the problem is though, I am a very positive persoin and don't go to them moaning about this n that, which I kind of regret, they don't all know in detail about all my problems.....such as, my Gp does not know the full extent of my Urology problem, how often etc :embarasse. I am therefore going to visit my GP to explain what I intend on doing, incase DLA contact them. However, the Urologist does know the full extent so hopefully between them, I can paint a full picture, if that makes sense lol.

Wish me luck lol

Thanks again for replying. Sue x

SueDerbyshire

I have now received a reply to my letter, well a form that I have to complete which is fine, at least something is happening.

My question is, I attended a tribunal and won, will I be able to get a copy of the report sent from the tribunal to DLA explaining their decision? I assume I will just have to ring them?

The reason being is, I want to use that information, if possible to help me complete the form. I will also use the descriptors carefully.

My letter I sent already explains my changes so will attach that with my form, as well as any doctors reports. I think the more information I give them, the better chance I have of them understanding my situation and giving me what I deserve (that's debatable though).

Thanks for your thoughts.

Sue