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got DLA care low rate looked at again no joy

  • JohnB
  • Topic Author
12 years 1 month ago - 12 years 1 month ago #82350 by JohnB
I was awarded High Mobility and low care on 22/08/11 and asked for it to be reconsidered as they had only given it on cooked meal and I need help with washing dressing etc. I have finally got a decision after they lost all my papers and i had to fill it all out again and my carer wrote a report of my daily needs they have agreed that I need help for washing dressing etc. see extract of decision letter below.

This letter is about your request to have your Disability Living Allowance
looked at again .

I have looked at all the information again and decided the original
decision dated 22/08/2011 is still correct.

Mobility

You are still entitled to the Higher Rate of £51.40 a week from and
including 11/05/2011 for an indefinite period as you are unable or virtually unable to walk .

Care

You are still entitled to the Lowest Rate of £19.55 a week from and
including 11/05/2011 for an indefinite period as you need help to prepare a cooked main meal for one person .

Having considered all the information I have decided , although you r
needs vary , the help you need most of the time is a s follows :

Help with getting around outdoors

Physical difficulties walking
You ca n walk :

• less than 50 metre's
• very slowly

You are unable or virtually unable to walk , so you are entitled to the higher rate of mobility .

Help with personal care

Preparing a cooked main meal

Yo u need help to :

• use a cooker
• use kitchen tools

• carry and lift safely

You need help to prepare a cooked main meal for one person .

During the day

Day Attention

You need help to :
• use a bath or shower
• dress and undress
• eat and drink

At you r ow n speed , yo u ca n safely :

• get in and out of bed
• manage you r toilet needs
• get up and down stairs
• get in and out of a chair
• move about indoors
• communicate

Using suitable aids , yo u don't need help from someone several times right through the day .

Day Supervision

You are :

• aware of common dangers
• not at risk of falling

You ca n take reasonable precautions to prevent any dangers .

Using suitable aids , you don't need supervising right through the day to prevent substantial danger to you or others .

Night Attention

At you r ow n speed , you ca n safely :

• manage you r toilet needs

Using suitable aids , you don't need help wit h you r personal care from someone more than once,or for 20 minutes or more, a night .

This means you are entitled to lowest not middle or highest rate care .

I can't consider any of the following :

• domestic tasks

So what do you need for Middle Rate?
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago #82353 by Gordon
John

Can I first ask you to not make such long posts in the future.

As you are new to the forum, you might want to have a look at the following FAQ.

Welcome to Benefits and Work

Unfortunately DLA is black and white with a huge grey area in the middle, which is unfortunately where you appear to have fallen.

Did you use our guides to prepare your claim?

As it stands, you have two choices; leave your claim as it is, or lodge an appeal to have your claim reviewed at a hearing. If you want to appeal, the following FAQs explain how to do so.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Gordon

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

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