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On DLA lower care, not mobility; ?pip

2

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  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    ... from what I understand DLA doesn't deal well with conditions that vary from day to day ...

    It does. DWP accept (and this is written on my award notice) that my disabilities fluctuate.
    ... 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 ...

    ESA has nothing to do with walking. The criteria now changed to mobilising.
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  • Indie_Kid wrote: »
    It does. DWP accept (and this is written on my award notice) that my disabilities fluctuate.
    While the DLA panel accepted that my condition fluctuates & also accepted that on most days I can't walk anywhere they felt that my ability to leave the house once or twice a week was plenty for me to be able to get about, and they didn't award me the mobility component. I guess either your good and bad days are worse than mine, or you got lucky!
    ESA has nothing to do with walking. The criteria now changed to mobilising.
    Yup - the ESA panel accepted that my condition fluctuates and accepted that on most days I cannot mobilise more than 50m. I'm assuming that means I cannot walk more than 50m either!
  • sunnyone wrote: »
    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.

    I was told this by two different citizens advice bureaux both in different locations. As I pointed out, it is not my own opinion, I would feel uneasy about it.
  • Indie_Kid wrote: »
    It does. DWP accept (and this is written on my award notice) that my disabilities fluctuate.



    ESA has nothing to do with walking. The criteria now changed to mobilising.

    I disagree that ESA has nothing to do with walking. I won my tribunal to be put in the support group on ESA solely on the fact that I can walk less than 50 metres on any day. They didnt question me on any of the other areas.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    I disagree that ESA has nothing to do with walking. I won my tribunal to be put in the support group on ESA solely on the fact that I can walk less than 50 metres on any day. They didnt question me on any of the other areas.

    The criteria is now about "mobilising unaided by another person with or without a walking stick, mannual wheelchair or other aid if such aid can reasonably be used."
    I guess either your good and bad days are worse than mine, or you got lucky!

    I would hardly call having to go to tribunal lucky.
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  • GirlFromMars_2
    GirlFromMars_2 Posts: 459 Forumite
    edited 9 July 2014 at 7:08PM
    Oh wow, I'm actually in tears and shaking as a result of my latest DLA letter, and not for the usual reasons, or because I got a paper cut opening it!

    In the end I didn't have to ask for a reconsideration of my low rate care award, as my award was coming to an end in September, so I was sent the new DLA forms before I could request them.

    This time I've been awarded High Rate Mobility and Middle Rate Care without having to go to through either Atos or a tribunal. They did write saying they were asking my GP for further evidence though, so whatever he said must have worked.

    Honestly can't believe it, I really didn't think DLA worked for variable conditions like mine. Now I just have to work out what I can do to improve my life with the extra money, and hopefully I shall be able to get out and about more now I can afford taxis, or maybe some day a car (it's a two year award, so I don't think I qualify for the motability scheme?) anyway, it should certainly make a difference!

    Thanks for the help!
  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    ... 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.

    My condition varies from day to day and I receive HRM / HRC.
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    Your HRM needs to only be valid for at least one year for Motability, iirc.
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  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    I was told this by two different citizens advice bureaux both in different locations. As I pointed out, it is not my own opinion, I would feel uneasy about it.

    Sunnyone is correct though. If you fill your forms in, detailing just your 'worst' days, you risk a fraud charge.
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You can, however, mention worst days and make it clear that they are your worst days and not average.
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