Fluctuating conditions and higher rate mobility

LocoLoco

Hi there,

I'm trying to find some information relating to the time frame that is used for reporting a change of circumstances relating to a fluctuating condition and I'm struggling to find anything concrete. I wondered if anyone can point me in the right direction?

My son is almost fourteen and was recently awarded higher rate mobility (on the old DLA system) due to an as yet undiagnosed problem with his walking which has been going on for a little over two years. His original claim was refused but we won at appeal in the 'virtually unable to walk' category due to him being unable to leave the house most days and then only being able to walk short distances very slowly when he did go out.

In the two weeks since we won the award he has been better than he has been in a very long time. We've still had six days where he didn't leave the house at all but on five of the days we did get out he's walked further than he's been able to for a long time and at a normal speed - certainly not in a way that would qualify him for a benefit. I've no interest in fiddling the system but equally don't want to declare him 'cured' only for him to conk out again and go back to using a wheelchair most of the time but I'm struggling to find hard and fast rules about improvement of a fluctuating condition and what would be considered a permanent improvement and what would be considered a good spell but not a permanent change?

He has other problems (autism, epilepsy, learning difficulties) so has been in receipt of higher rate care and lower rate mobility for a long time but the higher rate mobility is a recent change so I don't know or understand it as well as the other categories. I'd be grateful if anyone can point me in the right direction for some facts on this one (I've been writing down every day what he can and can't do in case there's a problem). Obviously I'd rather he was better and not needing the wheelchair but equally as it took eight months to get the benefit awarded I don't want to give it up only for him to have the same problems again a month later.

Many thanks for any help on this one.

oldhand

Only advice I could offer is do not rush into reporting his change yet,it improved quickly but could just as easily get worse.Just be guided by whatever health professional is dealing with him.Good luck..

LocoLoco

oldhand wrote: »

Only advice I could offer is do not rush into reporting his change yet,it improved quickly but could just as easily get worse.Just be guided by whatever health professional is dealing with him.Good luck..

Thanks, Oldhand, I just don't want to get it wrong and get done for making a fraudulent claim. We get funny looks when he gets out of his wheelchair as it is so I'm paranoid about this sort of thing :eek: I think the fact that he's not got a diagnosis of anything yet makes it harder; if we knew it he had something like MS, for example (which is one of the things they're looking into) then as that's an ongoing condition I'd feel more comfortable about him having good spells and bad spells; if it turns out to be just some weird blip he's been through that no-one can find a reason for I worry it makes it sound dodgy!

I am writing it all down anyway and although he's been better recently he's still had more bad days than good (just!) so I think I'll just keep making notes. Ironically I've been told asking the DWP for guidance probably isn't a good idea because they don't always give out the right info.

Thanks for your response.

LocoLoco

Well I've found out a bit of info so thought I'd update in case it helps someone else out.

Apparently there aren't any hard and fast rules in situations like this. You are supposed to report a change of circumstances as soon as it's apparent but in situations where people get better or worse it's a bit of a grey area and seems to rest on the previous pattern (ie, if you improve for a couple of months but then usually drop back down again) and/or on medical prognosis as to whether your improvement is likely to be a long term one. They have said, quite reassuringly, that convictions for fraud only usually come about if there's a deliberate attempt to hide evidence of a change so I think I will just keep writing down how he is every day and if the current situation carries on I'll go to the GP and see what they think; at least that will show I've sought a medical opinion and that I'm not trying to hide the improvement or do anything dodgy.

Hopefully that might help someone else in a similar situation