Quick DLA Question

LadyMorticia

Hello everyone.:wave:

I have the DLA review form in front of me (I asked for a review as my mobility needs have changed drastically, for the worse, unfortunately but my care needs are still the same).

It says in both sections that you don't need to fill in the section if nothing has changed in that area.

I was just wondering if anyone had been successful in not filling out one part of the form because that part hadn't changed and still been awarded the same rate for that on review?

I'm not sure if I'm making any sense. My brain is foggy.:o

darrenr1

Hi Lady Morticia,I filled in a form for a supersession of my care needs last August leaving the section for my mobility blank because there were no changes and already on maximum rate,I succeeded in getting my care rate increased and kept my mobility rate,but beware that they can look at the other section if they want to and I've no real idea if they looked at it ,but my letter said the decision was made on my form and nothing else.Good luck on your application ,it may take sometime,mine took three months.

Darren

Anubis_2

This is a difficult one. I have no idea what your care needs are, so it's hard to advise. However if your mobility has become worse and your care needs remain the same, they ***may*** question this BUT it is entirely dependant on what you said your care needs where originally.

The reason why I suggest it may be questioned is because, say for example, and this is purely hypothetical, you put previously that you use a stick about the house, getting out if bed etc and now you state your mobility is more restricted.

Due to the change in mobility, you state you now need crutches and you need someone to help you to stand before you can use your crutches because your mobility is worse, but you state no change in care on the care part.

They may view this with caution as it could be said your care needs are now not the same because before you may not have needed help standing etc - do you see what I mean? Even though it may be only a minimal change in care, it should be mentioned.

Only you will know your care needs though so such an example might not be applicable to you, but it's something to be aware of if someone is stating their mobility has decreased but care is the same - but it is dependant on personal circumstances only, and should be viewed as such.

For example someone who needed help getting into bed and out of bed and stated so on a previous form, then find their mobility more restricted later down the line, can state that the care is the same because they had mentioned previously that they need such help.

If your care is the same, I would advise perhaps stating in that section something like this:

I wish to confirm that while my mobility needs have increased, my actual care needs remain the same as stated in my original claim.

This shows them you have not ignored that section and you have acknowledged there has been no change.

If your care has increased slightly I would advise putting on the care side, something like this:

While I accept there has been no significant change in care needs, I wish to inform you that there are slight changes due to my mobility needs significantly changing. An example of slight change is now needing someone to help me stand, and due to the changes only being minor, I feel my current level of care award is sufficient.

That way you are basically saying you recognise the slight increase in care, but don't feel a higher award for care is justified as it is primarily your mobility that has significantly changed.

Hope that helps.

Anubis_2

That particular form covers both mobility and care!

All the forms do, don't they? I don't think they have separate ones?

Richie-from-the-Boro

Usually the DWP ask the GP to complete a factual ESA113 report, this if it is 'positive and helpful' can result in the DWP confirming the patients benefit on claim evidence alone, without need for a face to face assessment. Here are the guidance notes the GP is given on filling out the ESA113, its short but I reproduce it to indicate that the form goes to ATOS not as everyone assumes the DWP.

Often ATOS will then follow up by ringing the GP for more info [individuals give consent for DWP to contact their doctor for more information] the GP is previously told in directives that they do not need to seek additional consent from their patient.

Anubis_2

That form seems more fitting to ESA than DLA?

Richie-from-the-Boro

Anubis wrote: »

That form seems more fitting to ESA than DLA?

- hiya Anubis, it applies to many not just DLA / ESA, its the one generic that's agreed by the lawyers and the GMC
- off the record its more often than not filled out from a 'proforma' sitting on a computer desktop by the practice nurse
- or dare I say it delegated to a clerical 'back office' worker, but countersigned by the GP.
- it used to be a BF500 discontinued about 4 years ago I think, if Cptn Scarlet or anyone else knows better let me know !

3.2.7

Delegation of completion of reports

It is acceptable for you to delegate completion of the ESA113, FRR2 or DLA factual report to your practice nurse. However, you must confirm your authorisation by signing at the end.

LadyMorticia

Thank you everyone for your help.

What happens with regards to the award length? My award at the moment is due to end in July 2013, so when I submit the change in condition form and if they change my mobility but keep my care the same, will the new award run until when my current award is supposed to end or would it be extended? Or would the care part be until my current award ends and the mobility for longer? :S

LadyMorticia

sangio wrote: »

Unless you will be 65 or over by October 2013, your DLA award like everyone else's will be terminated and you will be invited to claim for the PIP.

Yes, I know that, but not everyone is going to be moved over at the same time. It's going to be a bit like ESA. It's not like everyone is going to receive the PIP letter all on the same day, which is why I asked.

[Deleted User]

sangio wrote: »

Unless you will be 65 or over by October 2013, your DLA award like everyone else's will be terminated and you will be invited to claim for the PIP.

total rubbish of course,transfers from dla to pip mightstart as early as late 2013 but they will take till 2016 at least,and as ib to esa it will involve a transfer NOT termination

Anubis_2

LadyMorticia wrote: »

Thank you everyone for your help.

What happens with regards to the award length? My award at the moment is due to end in July 2013, so when I submit the change in condition form and if they change my mobility but keep my care the same, will the new award run until when my current award is supposed to end or would it be extended? Or would the care part be until my current award ends and the mobility for longer? :S

They may issue you with a new timeframe or may keep it the same - its hard to answer really. A friend of mine on LRC HRM put in for more care after a pretty severe heart attack. However, they kept her on the same but increased the date end.