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

jailhouse_2

Fran,

thank you for your reply. I had initially tried to contact the CAB but there phones are always engaged, but persistence paid off and they said they will contact me with an appointment. My sister already has my brothers permission to deal with everything on his behalf, but as has happened before when she tried to get to an appointment for advice with a advisor my brother had "an episode" and she had to cancel.

My brother gives full control over his finances to my sister, there is no problem with that, it is the cost of taxis mount up (he has CBT twice a week, doctors once a week, and sees his specialist once every two weeks), he has phases of "bingeing" and destructive behaviour destroying his glasses (5 times so far this year, breaking mirrors etc) as this appears to be related to him not liking himself.

Thanks
JH

anguk

Fran wrote:

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.

Does your sister get Carers allowance? If your brother is receiving the middle or higher rate of DLA care component she is entitled to claim it. My hubby gets the higher mobility rate and the middle care rate and I receive carers allowance.
There's lots of info about benefits for the disabled and their carers here:

http://www.dwp.gov.uk/lifeevent/discare/

anguk

jailhouse wrote:

it is the cost of taxis mount up (he has CBT twice a week, doctors once a week, and sees his specialist once every two weeks),

Have you spoken to someone at his doctors about patient transport? My hubby had his leg amputated last year and for 6 months had many visits to various hospitals, physio etc. I don't drive and I dreaded the thought of having to find money for the taxi fares but our doctors arranged for the patient transport ambulance people to pick him up for all appointments. On the odd occasion there wasn't an ambulance available (normally because of a short-notice appointment) a taxi was sent for him free of charge. If you need someone to travel with you they can as long as they have prior notice.

I don't know if your brother will be able to get this service or even if it will be suitable for him (you normally travel with other patients) but it may be worth having a word at the doctors.

Also if you are in receipt of certain benefits or on a low income you can get your fares to hospital reimbursed, and help towards your brothers glasses.

http://www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/WorkingAgeBenefits/491

Ted_Hutchinson

The Decision Maker can and will sometimes make a decision simply on the basis of the claim form if it is clear from what is said that the claimant doesn't meet the criteria.

The criteria for the Higher Rate of Mobility are set out at Benefitsnow

From what you say the first three categories don't apply but this one might;

You are entitled to the higher rate care component and are severely mentally impaired with extremely disruptive behavioural problems.

So it may be that either this claimant doesn't suffer from a mental condition which can be regarded as arrested or incomplete development of the brain or that his behaviour isn't such that he needs constant supervision.

However as you say his depression has lasted for a limited time rather than being something he was born with or occured before he reached maturity it is difficult for me and perhaps to the Decision Maker to see how this can be described as his having arrested or incomplete development of the brain.

The law was written specifically to limit the Higher rate of Mobility to those who are primarily physically disabled although it does allow for those very severely mentally handicapped at birth or in their younger years to continue to receive it. Unless you meet the criteria there is little point in appealing.