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DLA supersession

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11 years 2 months ago - 11 years 2 months ago #99033 by Katykat
DLA supersession was created by Katykat
Hello, I was awarded ESA (wrag) by the Tribunal in May 2011. Needless to say, DWP put me through the mill again and I had another medical in Dec 2011. My Wrag status was continued but as I had deteriorated I put a new appeal in for support group as I felt that the Decision maker had interpreted the ATOS Drs clinical findings incorrectly.At this time I also applied for and got DLA low care, but no mobility based on the results of this medical. My ESA appeal was last week. The Tribunal team rang me on the day to say I didn't need to go as they had awarded me support group already. The descriptor they awarded me was Activity 1, cannot mobilise more than 50m repeatedly. Should I now ask DWP to superseed the award of low care to add the mobilty componant.?
Last edit: 11 years 2 months ago by slugsta.

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11 years 2 months ago #99040 by slugsta
Replied by slugsta on topic DLA supersession
I would expect Activity 1 to back-up your request for HRM (which you already have) but not for care - unless you can show how your inability to repeatedly mobilise 50m adversely affects your ability to self care.

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11 years 2 months ago - 11 years 2 months ago #99076 by Katykat
Replied by Katykat on topic DLA supersession
I get low care rate because ai have RA in my hands so qualify for "help to prepare a meal". As I also have RA in my feet plus other mobilty issues, thats why I thought I might qualify for mobility, even if it was low rate.
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #99079 by Gordon
Replied by Gordon on topic DLA supersession

Katykat wrote: I get low care rate because ai have RA in my hands so qualify for "help to prepare a meal". As I also have RA in my feet plus other mobilty issues, thats why I thought I might qualify for mobility, even if it was low rate.


DLA Lower Rate Mobility is given to claimants who have issues going out due to conditions such as agrophobia or social phobia, if you have problems walking then it is Higher Rate Mobility or nothing.

As Mrs H has said, the ESA test is a far stricter one, and may be of use in making a claim for DLA HRM. It is in principle, possible to just ask for the Mobility component to be reviewed, but it is at the discretion of the DWP whether they do this or not.

Best of luck

Gordon

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11 years 2 months ago #99083 by slugsta
Replied by slugsta on topic DLA supersession
I am sorry, I mis-read your original post and thought that you currently had HRM and wanted to ask for the care element (rather than the opposite, which is what I now understand to be the case)! :blush:

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11 years 2 months ago #99086 by Katykat
Replied by Katykat on topic DLA supersession
I wasn't aware of that Gordon. I thought high rate care applied only if you can't walk at all. In all fairness, I can walk, but there are days when I have great difficulty. RA is quite unpredictable. I think I mighht apply andsee how it goes. At the moment I am on a high anyway because I waited 14 months for my ESA tribunal, I havn't had any money ( apart from £20 DLA) so now I will (hopefully) get some backpay.

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