Lower rate DLA, no mobility, should we appeal?

My partner has been awarded lower rate DLA and no mobility. We feel he should have received some mobility. My partner has fibromyalgia and IBS. The CAB say they do not have enough funding to help everyone and that fibromyalgia is too difficult to prove so we should just acccept what we have been given and that we were lucky to receive anything. On the medical the Dr actually threw my partners walking stick away from him saying he didn't really need it. Not sure what to do, I thought the CAB were there to help

Your partner could ask the DLA Unit to carry out a reconsideration of the decision, but unless there is any compelling new evidence to hand which would add force to the claim for the mobility component, the normal practice is to lodge an appeal at which point a reconsideration will automatically be undertaken in any event.

It is important to be aware however that as your partner has a subsisting award of the care component, there is a possibility that it could be taken away altogether. Please see HERE.

The normal practice would be to advise members to consult a CAB or WRO to seek a one-to-one consultation where a challenge to an existing DLA award is under consideration, but as you have said, the CAB were not very helpful. Unfortunately, just this afternoon another member has commented on the CAB in this thread HERE.

In the absence of any professional help, it will ultimately be a decision for your partner to decide if the decision to appeal is appropriate in the circumstances?

Am sorry to hear this, but as you've probably heard before, it's not what illnesses you have, but how they affect your day-to-day life.

I was awarded DLA for the first time in 2003, FIVE years before I had a dx of Fibromyalgia, so apart from Asthma, I hadn't been diagnosed with anything when I rec'd my award.

I have since been diagnosed with Osteoporosis and Osteoarthitis (inc Cervical Spondylosis).

I had a review this year, but was awarded DLA, HRM and HRC 'indefinitely' in 2008. I have had two medicals with different Drs, one for my first application and one for my review this year.

Sorry I cannot help you.

robin wrote:

My partner has been awarded lower rate DLA and no mobility. We feel he should have received some mobility. My partner has fibromyalgia and IBS. The CAB say they do not have enough funding to help everyone and that fibromyalgia is too difficult to prove so we should just acccept what we have been given and that we were lucky to receive anything. On the medical the Dr actually threw my partners walking stick away from him saying he didn't really need it. Not sure what to do, I thought the CAB were there to help

What does your GP or OT depatment say about the walking stick ? was he advised to use one or just bought one, IMO if he was advised to use a stick and its on his notes its wrong to say get rid of it, the other side of the coin is if the drs right and no stick is needed your partner is getting better

Robin

Thats a poor response from both the doctor and the CAB, you could consider making a complaint. CAB's have an Area Office, which should be told of any problems in their bureaux as they are monitored. As far as the doctor is concerned maybe an opinion from another doctor in the practice?

Good luck

Michael

Fibromyalgia is a complicated condition, some days my partner does very much need the walking stick as he suffers from falls.

I was under the impression that the Dr doing the medical was to assess your condition and not to judge or advise treatment, or am I wrong?