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On DLA lower care, not mobility; ?pip

I have fibromyalgia, several disc bulges in my back including two double ones, depression and IBS. I receive lower rate care, I got this after appealing in 2005 as I was unable to pass the cooked meal task. I had Incapacity Benefit for many years, last year had an ESA medical, scored 0, appealled, went to tribunal and I am now in the support group having scored 15 points on first part of descriptors regarding mobility.

My mobility is limited, but I was wondering about applying for PIP, or is it better to wait until they call you? I am afraid if my case got looked at again I would lose my lower rate care and end up with no mobility. My GP isnt that supportive, is one of the type who is happy to sign prescriptions etc but not interested in writing a letter to support benefit claims unless he is written to by Jobcentre or whatever.

I asked about this last summer when I visited CAB and they said to wait for the outcome of my tribunal for ESA.
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Comments

  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    I will have a look for the link later; but in some areas, you can't apply for PIP unless you don't currently receive DLA. In which case, if you report a change in circumstance, your DLA will be looked at again and the DLA criteria would apply.

    If your care and /or mobility needs have worsened, have you looked at the criteria for high rate mobility / mid / high rate care?
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  • My mobility has worsened. I would be interested to hear about which areas you cant apply for PIP.
  • Indie_Kid wrote: »
    I will have a look for the link later; but in some areas, you can't apply for PIP unless you don't currently receive DLA. In which case, if you report a change in circumstance, your DLA will be looked at again and the DLA criteria would apply.

    If your care and /or mobility needs have worsened, have you looked at the criteria for high rate mobility / mid / high rate care?

    Should I look at DLA criteria for mobility or PIP?
  • When I have applied previously for DLA, I was advised to state how I was on my worst days. My condition is variable and I have wondered about a way to convey this. I tried keeping a diary but I find with my mental health issues I forget to do this, or lack the motivation to do so.

    On the worst possible days I dont get out of bed. I have other bad days when I get up and sit, dont do an awful lot. But then other days I go out in my car to the shops and can walk a little. It is hard to put a quantity on this sort of thing. I remember being asked last time how many days a week can you not get out of bed, or how many days a week can you go out? Well its not like that, it doesnt follow a regular pattern. How do other people people put this information together for their claim form? I am a very honest person and I can worry a lot about these things. At the moment I am still avoiding tackling the DLA as last year I was so ill following the stress of the ESA medical, I had a major depressive episode. This makes me leave alone, but a I worry about the fact that at some point I will be sent a claim form for PIP and will have to get on with it. Hence the need for record keeping in the interim about bad/good days.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Should I look at DLA criteria for mobility or PIP?

    Depends if in your area you can apply for PIP> See pindyloo's link for more detail.

    You're not meant to do your form on your worst day. By doing this, you're saying you need more help than you really do.
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  • As you are already on dla I suggest you ring their office and explain about your mobility. They will help you. I rang them earlier this year as I was on dla low care rate and I started struggling with walking. I am now on high rate mobility for the next 2 years.
  • clarryd
    clarryd Posts: 637 Forumite
    Part of the Furniture Combo Breaker
    I also have fibromyalgia and claim DLA but they also only allocated the lower rate care and for the same reason as you Not able to cook neal from scratch.

    I also have a range of other illnesses but still was only allocated the lower care rate.

    I have been trying since 2005 but they seem to have stuck at this rate no matter what.

    My GP is a lot like yours won't help with the benefit system even though before this illness I worked for the same firm for 25 years, and had never claimed a penny in all that time.
  • ... from what I understand DLA doesn't deal well with conditions that vary from day to day ...

    ... I'm in a similar position I get Lower Rate Care DLA, but was refused High Rate Mobility because on some days I can walk ... where as I'm in the ESA support group (partly) because on some days I cannot walk anywhere ...

    ... like you, I'm wondering whether to report a change in circumstances ... (my circumstances have changed, mostly because of the stress of ESA/DLA tribunals which have made my condition deteriorate!) ... but I'm not sure DLA will ever take into account the fact that my condition varies, and most days I can do very little, and can't walk anywhere ... they seem to be fixated on the fact that some days my mobility is much better.

    Given that the meal test is being removed from PIP I guess I really won't lose out if I report a change & the low rate care component is removed.

    I wonder if there would then be any reason I couldn't apply for PIP if I was refused DLA completely?

    Until I can travel without severe exhaustion I don't see how I'll ever be able to return to work ... but DLA don't care, as I can usually get out of the house once a week.

    I believe PIP will actually take into account variable conditions, but the threshold for mobility will be much higher.
  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    When I have applied previously for DLA, I was advised to state how I was on my worst days. My condition is variable and I have wondered about a way to convey this. I tried keeping a diary but I find with my mental health issues I forget to do this, or lack the motivation to do so.

    On the worst possible days I dont get out of bed. I have other bad days when I get up and sit, dont do an awful lot. But then other days I go out in my car to the shops and can walk a little. It is hard to put a quantity on this sort of thing. I remember being asked last time how many days a week can you not get out of bed, or how many days a week can you go out? Well its not like that, it doesnt follow a regular pattern. How do other people people put this information together for their claim form? I am a very honest person and I can worry a lot about these things. At the moment I am still avoiding tackling the DLA as last year I was so ill following the stress of the ESA medical, I had a major depressive episode. This makes me leave alone, but a I worry about the fact that at some point I will be sent a claim form for PIP and will have to get on with it. Hence the need for record keeping in the interim about bad/good days.


    It fraud to fill in the forms based on your worse days, and its very stupid because you can be caught out doing things you said you couldnt do.

    You can mention your worst days but you must quantify how many bad days you have on avarage and balance it out with mentioning your condition on your better days.
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