DLA Appeal Result

At my DLA renewal in February I was reduced from High Rate Mobility and Medium rate Care to Low Rate Care after a medical from a doctor whose report did not relate in any way to the actual medical. I suffer from Fibromyalgia and Hypermobility Syndrome. I had my appeal today at which point they gave me my high rate mobility back but stuck with the decision of low rate care.

Obviously I am happy to have got my mobility payments back but disappointed that they didn't decide to increase my care rate. We were actually looking for high rate care as I need help during the night from my husband 4-8 times a night but obviously they don't seem to believe me on that part.

You can request a copy of reasons for the Tribunal's decision as it's possible they may not have considered all the facts correctly. If that was the case, it could amount to an 'error of law' which is appealable to the Upper Tribunal.

The decision would then need to be looked at in person by a Benefits Adviser /WRO with good DLA Tribunal experience and good working knowledge of DLA legislation.

However, if an error was found and your claim went to an Upper Tribunal, then because DLA is one benefit with a mobility and care component, it's possible that they could look at your mobility component, even if you've only asked for the care component to be looked at again.

You need to decide whether or not to ask for a 'statement of reasons', since doing so will not affect the award you've already been given by the First-tier tribunal.

If you do decide to ask for the statement, then to reiterate, before proceeding further you need
to get 'face to face' advice as detailed in paragraph two above.