DLA - Mobility compotent - why not try for the highest rate?

Ted_Hutchinson

In case you don't get the decision you want you may find the item rightsnet High mobility decision Factors to be taken into account when determining whether a person is unable or virtually unable to walk

nemo183

Ted_Hutchinson wrote:

In case you don't get the decision you want you may find the item rightsnet High mobility decision Factors to be taken into account when determining whether a person is unable or virtually unable to walk

Hi Ted,

Thanks for your posting, and this great source of info I was not aware of. I think this confirms my view that it's important to view each case on it's own merits - and not be put off by the "helpful" examples on the application form. This is certainly a great resource that I know will be a help to several people I know.

Thanks once again.

Ted_Hutchinson

Another useful resource is Commissioners' Decisions If you search in the top two selections and leave the other boxes blank you can come up with several different selections such as
02.09.2004 CDLA 1545 2004
06.05.2004 CDLA 3612 2003
31.03.2004 CDLA 3323 2003
21.05.2002 CSDLA 894 2001
18.04.2002 CSDLA 946 2001
09.04.2002 CDLA 3215 2001
05.05.1999 CDLA 5153 1997
07.08.1997 CDLA 8353 1995
01.01.1996 CDLA 2364 1995
10.04.1995 CDLA 192 1994

nemo183

Thanks for another great source of info. I guess this is not going to be easy, but there's a whole load of "does" and "don'ts" to learn from in these judgements.

So far, one of the worst things I've now come to understand is that the fact that an applicant is completely unable to use public transport makes no difference to the mobility rate of DLA they can claim. You would have thought that it might make some small part of the claim.......

Thanks for the post.

nemo183

Just a quick posting to say that I've just had a letter awarding my son the higher rate of mobility allowance, "Upgrading" him from the lower rate. I won't go into all the details, but over time I had not realised how much worse his condition (Tourette's Syndrome) had become, and was put off claiming by the amount of detail the forms require, and because the nature of his disability can be hard to explain.

I think the main reason the claim was accepted was because I made sure I filled in every last detail I could think of on the form, and then sent a copy to each of the 3 consultants who help him, with a note explaining what I was doing and requesting their support when they were asked for an opinion.

Finally, very many thanks to Ted for all his encouragement and support.

nemo183

Having won the fight to get my son the higher rate of mobility allowance, I now discover an extra bonus - as long as the car is used solely for the benefit of the claimant, you are don't have to pay Excise Duty (Car Tax) on the vehicle - you can be issued with a special free tax disk.

As I understand the rule, the claimant does not have to be in the car all the time - as long as the purpose of your journey is for his benefit.

BenefitMaster

Zziggi wrote:

If you have a car exempt from vehicle duty then you do not even have to register your vehicle. You can jsut drive straight into London and you are not charged.

But be sure you have your vehicle registered as "Disabled" on the tax disc. Blue Badge holders still have to register for the exemption on other vehicles.

penrith

BenefitMaster wrote:

But be sure you have your vehicle registered as "Disabled" on the tax disc. Blue Badge holders still have to register for the exemption on other vehicles.

if you have a blue badge AND a vehicle exemption tax disk then you can drive into london without registering your car and you are not charged the congestion charge.

If you only have a blue badge then you must register beforehand AND pay a £10 annual registration fee. Then you are exempt of the congestion charge.

jailhouse_2

After reading these very helpful threads it seems hit and miss as to whether a claim for MA is awarded or not.

My sister cares for my elder brother who has been suffering with clinical depression and severe suicidal anxiety for the past two and a half years. She recently applied for MA and was refused on the grounds that he can walk without pain or hinderance. The facts are he never leaves her home, if he has to go for an appointment he is accompanied by her as on a number of occasions, when felt "threatened" by people approaching him, or even attempting to talk to him he has dashed into the road, breaking my sisters grip, and has nearly been knocked over.

This combined with the number of overdoses he has taken, has put a great emotional and financial strain on my sister. Currently, he is allowed DLA higher rate, MA at the lower rate, but my sister applied for the higher rate of MA and was refused, despite the fact of supporting evidence from his CPN. The Dept concerned did not even contact his Specialist, Family Gp or CPN. How can they make a decision like this just by reading a very confusing application form, which was completed by my sister as she takes all the necessary steps to look after my brother as he is not even capable of facing this task alone.

Can anyone tell me if i can appeal on my brothers behalf as i only have a short time to do so.

Fran

You can appeal on your brother's behalf, would need his written permission, but you'd be better off using specialists who deal with this all the time from Citizens Advice Bureaux and other Welfare Benefits agencies.

Perhaps he just won't get the higher mobility rate, it is difficult enough to get mental health reasons taken seriously and he is "lucky" in that at least he has got the lower rate.

With this extra DLA money he has coming in there should not be "financial strain" on your sister - does he give her a reasonable contribution to rent, bills etc? Perhaps either or both of them are not getting other benefits that they are entitled to, it's worth asking CAB or similar.