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DLA and change of diagnosis
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago #95162 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA and change of diagnosis
You may find this thread of help, where moderators have differing opinions on change in diagnosis, which is only natural when giving benefits advice.
www.benefitsandwork.co.uk/forum?func=view&catid=10&id=90260
Decision Makers, Tribunals and higher courts often have differing opinions.
www.benefitsandwork.co.uk/forum?func=view&catid=10&id=90260
Decision Makers, Tribunals and higher courts often have differing opinions.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ka
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11 years 4 months ago #95423 by ka
Replied by ka on topic Re:DLA and change of diagnosis
OK, I received my statement of reasons today.
I was awarded DLA because of the following conditions: depression, alcohol dependency.
I was awarded Lower Rate Mobility because I need help with:
asking or following directions
because of anxiety or panic attacks
And Lower Rate Care because I need help to:
use a cooker
use kitchen tools
carry and lift safely
None of the information on my claim form relating to difficulties getting up, dressed, hygiene, taking medication, eating and help socialising and moving around indoors were taken into consideration for my award.
So my diagnosis has changed to bipolar II disorder and I am now abstinent from drinking alcohol. Despite this, I continue to suffer depressive and hypomanic episodes, as well as anxiety and paranoia.
I will obviously have to tell them about this change. Am I being optimistic about possibly now qualifying for middle rate care rather than lower rate? Now I'm sober I engage with many more services, such as mentoring support and floating housing support, would this go in my favour that I am receiving more help? If anything bipolar disorder is a more severe diagnosis than depression.
I was awarded DLA because of the following conditions: depression, alcohol dependency.
I was awarded Lower Rate Mobility because I need help with:
asking or following directions
because of anxiety or panic attacks
And Lower Rate Care because I need help to:
use a cooker
use kitchen tools
carry and lift safely
None of the information on my claim form relating to difficulties getting up, dressed, hygiene, taking medication, eating and help socialising and moving around indoors were taken into consideration for my award.
So my diagnosis has changed to bipolar II disorder and I am now abstinent from drinking alcohol. Despite this, I continue to suffer depressive and hypomanic episodes, as well as anxiety and paranoia.
I will obviously have to tell them about this change. Am I being optimistic about possibly now qualifying for middle rate care rather than lower rate? Now I'm sober I engage with many more services, such as mentoring support and floating housing support, would this go in my favour that I am receiving more help? If anything bipolar disorder is a more severe diagnosis than depression.
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- ka
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11 years 4 months ago - 11 years 4 months ago #95426 by ka
Replied by ka on topic Re:DLA and change of diagnosis
LOL, the original reason for this post was meant to be to ask if I need to send a new claim form off with the letter about change of circumstances. I know in the guide it says to expect to get one sent out, but would filling in a new one and sending it with the letter save time or be overkill?
Last edit: 11 years 4 months ago by Gordon.
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- DRAGON2009
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11 years 4 months ago #95432 by DRAGON2009
Replied by DRAGON2009 on topic Re:DLA and change of diagnosis
It sdeems ridiculous but losing benefit , or at leasst it being questioned, is a fairly natural state of affairs when improvement in a persons condition is evident. Ity is one of the things said against the system long before n this Govt, that sickness benefits/DLA provide no incentive to improve function, and as much as I have much annoyance at the system, objectively it is true
Same goes for ESA/IB people wanting to engage in voluntary work,. Yes you can do it, but at the risk of it calling your level of functioning into question
Same goes for ESA/IB people wanting to engage in voluntary work,. Yes you can do it, but at the risk of it calling your level of functioning into question
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- Gordon
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11 years 4 months ago #95433 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA and change of diagnosis
ka wrote:
To tackle the potential Change of Circumstances. Jim is right to point out that a change which does not result in a change of Care or Mobility needs does not necessarily need to be reported. My advice is based on whether it would be reasonable for the DWP to assume an improvment in your condition, as a result of your stopping drinking, which I still believe to be the case.
The second issue is that you do not believe that your current award accurately reflects your needs. It's not clear whether your award was made in February or somewhat later, but you are now outside the usual one month period for making an appeal against the Decision. It is possible to make a late appeal, but you will need to show Good Cause why it is late, the DLA unit are a lot more strict over this than the ESA team are at the moment.
You can request a SuperSession if you can show that your condition has deteriorated since the Decsion was made, you will need to provide new evidence to support this, and this will likely lead to you needing to complete a new claim form and possibly having a face to face assessment.
In answer to your specific question, at this time you do not need to complete a new DLA claim form, but it is possible, if the DWP feel it is warranted, that you will be asked to do so.
Gordon
From your latest post, there actually appear to be two issues regarding your claim.LOL, the original reason for this post was meant to be to ask if I need to send a new claim form off with the letter about change of circumstances. I know in the guide it says to expect to get one sent out, but would filling in a new one and sending it with the letter save time or be overkill?
To tackle the potential Change of Circumstances. Jim is right to point out that a change which does not result in a change of Care or Mobility needs does not necessarily need to be reported. My advice is based on whether it would be reasonable for the DWP to assume an improvment in your condition, as a result of your stopping drinking, which I still believe to be the case.
The second issue is that you do not believe that your current award accurately reflects your needs. It's not clear whether your award was made in February or somewhat later, but you are now outside the usual one month period for making an appeal against the Decision. It is possible to make a late appeal, but you will need to show Good Cause why it is late, the DLA unit are a lot more strict over this than the ESA team are at the moment.
You can request a SuperSession if you can show that your condition has deteriorated since the Decsion was made, you will need to provide new evidence to support this, and this will likely lead to you needing to complete a new claim form and possibly having a face to face assessment.
In answer to your specific question, at this time you do not need to complete a new DLA claim form, but it is possible, if the DWP feel it is warranted, that you will be asked to do so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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