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DLA mobility for a child
- Jim Kirk
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4 years 6 months ago #251958 by Jim Kirk
DLA mobility for a child was created by Jim Kirk
Hi, my 14 year old has absence epilepsy and focal seizures.
Absences are up to 20 seconds and she has then every day and can have up to 20 per day. She becomes totally oblivious to her surroundings.
Focal seizures can last up to 15 mins, she usually vomits at the end and sometimes looses control of her bladder. They are 2 or 3 a month and can be brought on by excercise. She has had them at PE at school and when out a walk. Again she becomes totally oblivious to her surroundings. These also take it out of her and she usually has to go to bed after, she can sleep from 5pm right thro yo the next am.
She is on 3 meds and she has been knocked for 6 by these memory and concentration have been significantly impacted on.
She has been awarded mid rate care, which is fair enough as she has no current overnight needs.
She has been awarded low rate mobility. My query is: is this fair enough also. She essentially cannot go anywhere on her own. When she rakes absences or siezures she temporarily loses capacity to safely mobilize anywhere on her own.
Ta in advance.
Absences are up to 20 seconds and she has then every day and can have up to 20 per day. She becomes totally oblivious to her surroundings.
Focal seizures can last up to 15 mins, she usually vomits at the end and sometimes looses control of her bladder. They are 2 or 3 a month and can be brought on by excercise. She has had them at PE at school and when out a walk. Again she becomes totally oblivious to her surroundings. These also take it out of her and she usually has to go to bed after, she can sleep from 5pm right thro yo the next am.
She is on 3 meds and she has been knocked for 6 by these memory and concentration have been significantly impacted on.
She has been awarded mid rate care, which is fair enough as she has no current overnight needs.
She has been awarded low rate mobility. My query is: is this fair enough also. She essentially cannot go anywhere on her own. When she rakes absences or siezures she temporarily loses capacity to safely mobilize anywhere on her own.
Ta in advance.
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- Gordon
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4 years 6 months ago #252029 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA mobility for a child
J
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
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The Lower rate is awarded where the claimant is unable to go out or would be unable to complete a journey because of their conditions or would not be safe in doing so (there are are other reasons), it sounds as if the latter reason has been chosen for your daughter.
The Higher rate is awarded because the claimant is unable to walk or is considered to be virtually unable to walk, this could be due to a physical disability or due to their conditions. Whilst there is no distance specified in the legislation for being virtually unable to walk it is generally accepted to be around 50m.
So, can you show that your daughter's walking is so limited that she cannot walk 50m?
If you can then you should consider a Mandatory Reconsideration of the Decision but if not then the Lower Rate award is correct.
Gordon
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
The Lower rate is awarded where the claimant is unable to go out or would be unable to complete a journey because of their conditions or would not be safe in doing so (there are are other reasons), it sounds as if the latter reason has been chosen for your daughter.
The Higher rate is awarded because the claimant is unable to walk or is considered to be virtually unable to walk, this could be due to a physical disability or due to their conditions. Whilst there is no distance specified in the legislation for being virtually unable to walk it is generally accepted to be around 50m.
So, can you show that your daughter's walking is so limited that she cannot walk 50m?
If you can then you should consider a Mandatory Reconsideration of the Decision but if not then the Lower Rate award is correct.
Gordon
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Kirk
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4 years 6 months ago #252068 by Jim Kirk
Replied by Jim Kirk on topic DLA mobility for a child
Thanks JK is not my real name!
My daughter cant go out any distance on her own as her absence seizures happen throughout the day at any time individually or in clusters and last up to 20 seconds and she loses all sense of where she is. Her 1st noted absence was while crossing the road on pedestrian crossing.
Focal seizures of up to 15 mins are less frequent but unpredictable when they happen.
We don't let her out on her own due to risks and we are not risk averse.
The DWP obv think she can safely go out on her own. We'd have social work round if she left the house and came to harm on the road due to seizures!! Ta agn.
My daughter cant go out any distance on her own as her absence seizures happen throughout the day at any time individually or in clusters and last up to 20 seconds and she loses all sense of where she is. Her 1st noted absence was while crossing the road on pedestrian crossing.
Focal seizures of up to 15 mins are less frequent but unpredictable when they happen.
We don't let her out on her own due to risks and we are not risk averse.
The DWP obv think she can safely go out on her own. We'd have social work round if she left the house and came to harm on the road due to seizures!! Ta agn.
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- Gordon
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4 years 6 months ago #252085 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA mobility for a child
Jim
I really need to stress, whilst the walking must be done outdoors, this is not about her being able to get anywhere, it is solely about the distance that she can walk so you will need to show that on the majority of occasions that she is asked to walk 50m she would reasonably be at risk of having a seizure that would prevent her from completing the distance.
Gordon
I really need to stress, whilst the walking must be done outdoors, this is not about her being able to get anywhere, it is solely about the distance that she can walk so you will need to show that on the majority of occasions that she is asked to walk 50m she would reasonably be at risk of having a seizure that would prevent her from completing the distance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Kirk
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