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My daughters condition has got worst but less than

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4 years 1 week ago #258370 by paulcornwall
My daughters condition has got worse, however, she has less than 12 months before her DLA award is up for review.
Previously we had to fight for my daughters DLA and went to tribunal, we are worried despite her condition worsening we may end up with nothing if we report the decline?
When the change of circumstances is reported, will we need to renew again in less than 12 months?

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4 years 1 week ago #258374 by BIS
Hi Paul

The DWP always say that claimants should report any change in someone's condition. In reality what they want to know is if someone's condition has improved - so they know they don't have to pay as much money or any money at all. You have several options.

1. If you think your daughter's worsening condition means you think she should be eligible for an improved award then you could report it now and they will bring forward the review and providing they agree, she will be given a new award length.

2. If you think your daughter's worsening condition means you think she should be eligible for an improved award, but you can't face going through the process - you can wait until her review is due.

3. If she already has the highest rate award - there is nothing to be gained in reporting it at this stage and you could just do it when she has her review.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Rosemary Clayson, paulcornwall

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4 years 1 week ago #258388 by paulcornwall
Replied by paulcornwall on topic My daughters condition has got worst but less than
In all honesty, I don't know what to do. She has lower rate mobility and Higher rate care atm. She was diagnosed with a very rare autoinflammatory bone disease in November which is very hard to treat, she has been unable to attend school due to the pain and is undergoing cycles of drug therapy every 3 months to see if she can be made more comfortable. TBH, she is now using a wheelchair when she can go out and the school are looking for alternative provision for her education. The additional money would definitely come in useful for private hydrotherapy which the hospital is unable to provide because of covid. The worry and stress of her condition is a lot to contend with and know DLA will make things even worse but feel I should fight for the enhanced rate to pay for the extra therapy which is one of the few things that help her pain. In the back of my mind, I do worry, DLA will take aware her DLA altogether as we had to Tribunal to get her last award 4 years ago. If I go for the fight and it's only rewarded for the remaining 12 months, I will find it very difficult to go through it all again. I hope you understand my situation. I appreciate all your help and advice.

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4 years 1 week ago #258407 by Catherine
Hello Paul,

What a terrible position you find yourself in. Unfortunately there is no 'right' answer, and only you can assess whether or not it is worth the stress involved in bringing the reassessment process forward by 12 months.

If you were to notify them of a change of circumstances now and trigger the reassessment then the new award would replace the current award and the end date would not be linked to the end date of the current award. (Hope that makes sense.)

Do have a look at our guides on DLA and these might help you decide the likelihood of her winning a higher award.

www.benefitsandwork.co.uk/disability-living-allowance-dla

I hope you find a decision which you are comfortable with,
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 1 week ago #258458 by paulcornwall
Replied by paulcornwall on topic My daughters condition has got worst but less than
Catherine and all, many thanks for your contributions. Am I right in thinking if I go ahead and fight for higher rate mobility for her, a new award will be issued not just an 'upgrade' until her present award expires next year?

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4 years 1 week ago #258462 by Catherine
That is correct Paul.

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