DLA change of circumstances (again!)

hunnisbunnis

sorry I haven't been able to read all this thread but what about getting a letter from your gp and sending it off to the blue badge service in Scotland, im in ni but I asked my gp for a letter and I sent it with the form and got bb back in a matter of weeks, I described how my medical conditions affected my ability to walk and currently at this time I have to use a wheelchair intermittently but other times I can walk with the aid of crutches, I received low rate dla and pending what happens when I see the neurologist in next few months I may have to ask for reassessment due to the prognosis for my condition

GlasweJen

I emailed my MP who emailed me back after Easter saying that the council are only issuing blue badges on discretionary grounds to those who can't claim DLA. I emailed back explaining that I have problems walking but don't want to claim high rate mobility and I have walking problems, use a wheelchair part time, walk with crutches, don't truly walk on my feet and really should be seeing someone who is qualified to make a decision on my eligibility to walk.

MP emailed me back a few days later saying appeal the DLA.

I emailed back saying no, can you have an OT email me first and explain why the council are refusing to assess me under their discretionary criteria.

MP is now ignoring me.

I've filled in the change of circs form and I'll post it today. Had enough of it all to be honest.

The low rate mobility award wasn't random btw I have seizures with no warning several times per week so can't go out unaccompanied because when I come round I have no idea where I am so from a non-walking getting around outdoors point of view the decision maker made the correct decision.

GlasweJen

I emailed my MP who emailed me back after Easter saying that the council are only issuing blue badges on discretionary grounds to those who can't claim DLA. I emailed back explaining that I have problems walking but don't want to claim high rate mobility and I have walking problems, use a wheelchair part time, walk with crutches, don't truly walk on my feet and really should be seeing someone who is qualified to make a decision on my eligibility to walk before being knocked back for a blue badge.

MP emailed me back a few days later saying appeal the DLA.

I emailed back saying no, can you have an OT email me first and explain why the council are refusing to assess me under their discretionary criteria.

MP is now ignoring me.

I've filled in the change of circs form and I'll post it today. Had enough of it all to be honest.

The low rate mobility award wasn't random btw I have seizures with no warning several times per week so can't go out unaccompanied because when I come round I have no idea where I am so from a non-walking getting around outdoors point of view the decision maker made the correct decision.

rogerblack

GlasweJen wrote: »

The low rate mobility award wasn't random btw I have seizures with no warning several times per week so can't go out unaccompanied because when I come round I have no idea where I am so from a non-walking getting around outdoors point of view the decision maker made the correct decision.

The issue is not that you qualified for low-rate mobility.
The issue is that if you qualified for high rate mobility, even if you requested not to be granted it - the award of low rate mobility is incorrect.
This is why you probably have grounds to appeal this.

You can't pick and choose - the decisionmaker has to make a decision based on your disability - they cannot - and must not - take your requests to be paid more or less benefit than the law allows into account.
You can of course stop claiming DLA - but you absolutely cannot specify the amount.

If your condition has not changed - a change of circumstances form is inappropriate.
Your condition has not changed.
Your now desiring to be paid HRM is _NOT_ a change of circumstances.

Appeal the original decision.
(Assuming for the moment that your condition had not improved when you made the last request)

GlasweJen

It has changed from being wheelchair dependant 100% if the time to using crutches and wheelchair but I don't actually walk on crutches - I swing on them. If I do walk without anything it's only for a few steps and with someone there to hold me up, in pain with a wheelchair or seat at the end of it.

So there was a change of circumstances to be reported.

rogerblack

GlasweJen wrote: »

It has changed from being wheelchair dependant 100% if the time to using crutches and wheelchair but I don't actually walk on crutches - I swing on them. If I do walk without anything it's only for a few steps and with someone there to hold me up, in pain with a wheelchair or seat at the end of it.

So there was a change of circumstances to be reported.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/297605/dmgch61.pdf

61317 - 'A person who
1. Can only make progress on foot with crutches and
2. Places both feet on the ground alternately and
3. does not and cannot place any weight on one of his legs
cannot be said to be 'walking' and so is unable to walk'.

Also - 61300 - if you are able to walk with severe discomfort - your ability to walk with severe discomfort does not count as walking. Only your ability to do so _without_.

Without knowing your condition in detail, it's impossible to be sure of course, but it sounds like the decision was at best questionable.

If you are meaning your condition has now improved to this state - and this was not the improvement you referred to when you initially reported that you diddn't want HRM - it's even more questionable.

kpj12

hi need some advice bascally i was sent a dla renewal form in march 2014 sent it back within a few days when i rang up dwp they told me of change of award awarded both low rate care and moblity for indefine period i rang up dwp last monday to change my needs because of my care needs has got worst they sent me they form i received it on tuesday filled it in same day and when i called them on friday they have received the form how long would it take for them to make a new decision and do u think my award can go up despite me putting a lots of information about my care needs day to day

nannytone_2

did you provide any supporting evidence ir did you just complete the form?
if they feel they have insufficient evidence to make an award they will possibly contact eithr/or your GP on specialist.
if this is the case, it can take longer than the usual 12ish weeks as they have to write to them and wait for a reply

kpj12

no supporting evidence i just hope dwp read it carefully what i put and understand what happens to me day to day with my care needs its hard

GlasweJen

Well I got my renewal, high mobility and middle care so next stop blue basge