DLA change of circumstances (again!)

GlasweJen

I don't have epilepsy, I have neurocardiogenic syncope which is treated the same as epilepsy for pretty much everything else (except free prescriptions). My seizures originate from a different area of the brain and affect heart rate and blood pressure. I checked epilepsy UKs web page and they specifically write that not many people with epilepsy would qualify on epilepsy alone but the myasthenia gravis nurse is very confident that I will be sucessful in my review so that is reassuring.

GlasweJen

It's also not a reconsideration, I was punted down to low rate at my own request last year because Glasgow City council told me I would get a discretionary badge on their current rules but didn't bother to tell me that the whole of Scotland was changing to remove the discretionary criteria. It seems really stupid that I need to apply for benefits to be allowed to park a car close to somewhere when myself and my other half both earn decent money.

Parva

Oh my Jen. You really need to contest this and I'm sure Roger would know where to start. Alas I can't offer advice on where to go here but this is clearly wrong. Please ignore the 'confuseddaughter' replies.

ab.da54

GlasweJen wrote: »

It's also not a reconsideration, I was punted down to low rate at my own request last year because Glasgow City council told me I would get a discretionary badge on their current rules but didn't bother to tell me that the whole of Scotland was changing to remove the discretionary criteria. It seems really stupid that I need to apply for benefits to be allowed to park a car close to somewhere when myself and my other half both earn decent money.

Are you able to buy a parking permit, which would allow you to park close to where you need to be?

GlasweJen

No the only spaces that you can stay in for more than a couple of hours are blue badge spaces.

sunnyone

GlasweJen wrote: »

I think I was hasty giving up the high mobility, the minute I could do 100m on crutches I was on the phone updating them because the council had said I could keep the badge and my circumstances would most likely entitle me to a discretionary badge.

If I'm honest 100m is a big struggle any time after 3 in the afternoon - earlier on a work day.

Does anyone know how they work the criteria for people who's condition fluctuates through the day?

You should know that there is no qualifying distance for HRMDLA if you can only walk with crutches with abnormal gait ie so long as you dont just walk normally between them it dosnt matter how far you can walk you are still entitled to HRM.

How do you get a BB if you are over 65 or under three in Scotland?

Richie-from-the-Boro

GlasweJen wrote: »

I think I was hasty giving up the high mobility

- agreed, what you did was understandable but 6 months is a long time, and the rules have changed in the interim

most likely

- a perfectly nice [off the record] conversation with a sympathetic and helpful individual and the rules have changed in the interim

I'm not aware that the discretionary applications [with further assessment] have or are about to cease in Scotland. Its the formalised O/T assessment with very tough criteria that has changed. Why don't you just put in an e-application and subject yourself to a one on one personal assessment, you have nothing to lose and everything to gain lass.

GlasweJen

Sunny one according to Glasgow council you have to be blind, an amputee or under 3 with bulky medical equipment to get one without high mobility DLA - I don't know if I'm being fobbed off because the OT service are overwhelmed with other things to do but I was told I need to have high rate DLA mobility or have no badge. I don't want high rate DLA mobility I don't need the money, we have a perfectly good car, I have loads of wheelchairs, crutches, walking sticks, frames etc and all I need is support in parking my car. Why is car parking support being linked to a financial benefit?

rogerblack

GlasweJen wrote: »

It's also not a reconsideration, I was punted down to low rate at my own request last year

I do not believe there is a legal basis to do this.

Unless you either misreported your condition in order to gain a lower entitlement, or you meant 'I notified them of my improving condition...'

You can say 'I don't want to claim anymore'.
You can't say 'I want to only claim low-rate mobility' - any more than you can say 'I want to claim high rate mobility'.

You submit information about your condition, and they make that decision.

If they have in fact made a decision based on just 'I don't want to claim high rate mobility, just low' - without any other evidence, that is possibly a decision made in error, and can be appealed on that basis.

Indie_Kid

Wouldn't "bulky medical equipment" include things like a wheelchair, walking frame, etc?