Refused DLA mobility

I have recently put in a form for DLA to be looked at again for the mobility section as i am already receiving HR care. Once again i have been refused. DWP have acknowledged that i require help with my toilet needs and personal care both day and night yet as i am unable to do this myself. As i have severe crohn's disease i can need help with this anytime which means i cannot go out alone as this disease is so unpredictable and i always have to carry a change of clothes and cleaning materials. Secondly i walk with the aid of crutches as i have osteoporosis and have periods when my leg goes completely numb which has resulted in many falls, it is impossible to carry anything and use crutches. I have severe pain when walking which i am seeing the pain clinic about. I am on Fentanyl patches 100mg/dehydrocoedine and Pregabalin.

What i can't understand is why they claim that i need someone to help me at home but not when i go out. Without help i would be a prisoner in my own home!!

I appreciate you can't give personal advice but is it worth going to tribunal? I am concerned about losing what i have already been awarded which i need for my care.

I would be grateful for any idea's.

Mm xx

Only you can make the decision whether or not to appeal the refusal of DLA mobility component. As DLA is one benefit it is possible that a Tribunal could look at your care needs, although it's highly unlikely if your care needs haven't changed.

It would be in your interests if you could seek advice from a benefits adviser with good knowledge of DLA, who can advise you about appealing and how safe your current DLA higher rate care component is. They will be able to look at your case file which of course we cannot.

Also, see the guide to DLA appeals in the members only area and in the FAQ in Spotlights HERE

Hi

I failed to mention that i am on ESA in the support group and have been since Sept 2009!


Mm xx

Thank you for your response Jim. I have made an appointment with CAB but not until 27th March. In the meantime i have requested a GL24 and will send that back to them asap and make a decision once i have taken that advice.

My care needs have increased if anything which was awarded at tribunal. The risk of losing my care is the only thing that has stopped me from asking them to look at my claim again, but my mobility has decreased rapidly since my initial claim.

Mm xx

Hi

Just a brief update and for once its good news!!! I visited CAB at the end of March and was told that they wouldn't be able to represent me due to no funding but advised me to appeal. I sent in my appeal that same day and a week later received a letter from DWP telling me that they had relooked at my claim and had changed their initial decision and would now be awarding me mobility higher rate!!! I couldn't believe what i was reading the following week i was paid all the backpay from the date of my application.

I nearly didn't send my appeal in as i was scared of losing my care but i am so pleased that i did. I was shocked that they gave me this on reconsideration, but without the helpful advice on B&W it may have been a different story. I filled in my application giving as much information as i could and sent copies of all tests/appointments and a typed 5 page letter on my daily life and how i cope!!!

Thank you B&W from the bottom of my heart. I pick up my new mobility car on thursday which will make a massive difference especially with the extra adaptations they are making to help with my ongoing disability!!!

Mm xxx

That is great news! Thank you for letting us know - and for your kind words about B+W