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DLA Lower rate care award

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12 years 5 months ago #70085 by Mara Ox
DLA Lower rate care award was created by Mara Ox
Hi my husband has been recently dianosed with a degenerative back condition and is in chronic pain and is on morphine medication. He has ben awared HRM but only lower rate care as they say he can safely manage lots of his care needs and dosnt need the help we have stated. Could someone please tell me are care needs assessed by reasons of safety and not pain. Surely my husband shouldnt have to do these things in excruicating pain just because they say he can safely do them. I have used all of your guides which have been an exellent help but am confused at the care side of things... any advice would be good.. thankyou

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12 years 5 months ago #70092 by Gordon
Replied by Gordon on topic Re:DLA Lower rate care award
Mara

The Decision Maker should be looking at your husbands abilities in the context of severe discomfort, ubfortunately there is no precise definition of severe discomfort, except that the law says it is less than severe pain.

If you feel that they have not taken this into account, then you can appeal the Decision, however, you need to be aware that the whole claim can be re-evaluated, and whilst it does not happen very often, this could mean that the existing award is reduced or even removed.

If you want to understand the appeal process in more detail, before making a decision, have a look at the DLA Appeal guides in the Members Only area.

If you decide to proceed, then you must submit a GL24 appeal form within one month of the date on the Decision letter you have just received.

It may help if you can get advice from your local CAB or Welfare Rights office.

If you have any questions please come back to the forum.

Gordon

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

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