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DLA and a reassement
- robo1071
- Topic Author
13 years 3 months ago #70907 by robo1071
DLA and a reassement was created by robo1071
Well basically it boils down to this:- I have put up with my ankle/knee injury (right leg-service realated) for so long now it has started to affect my left hip/knee.I have had sciatica so bad I can hardly walk at all!(about 2 months) I was given 30% recently by Vets agency so is it worth pursuing for associated left hip/knee as associated injury (as these are due to the right leg problems and me relying on the left leg) or just ask for reassement of DLA (already receive LRM) Your thoughts, thanks as always. (One for Pete methinks) Sorry to be a pain but its reached the stage now where I'm almost housebound and I'm starting to panic a bit. God Bless.
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- Gordon
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13 years 3 months ago #70919 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA and a reassement
robo1071
You can ask for a re-assessment of your DLA is you can show that you have suffered from your current problems for at least three months.
You need to be aware that asking for your claim to be Revised opens your existing award to scrutiny and therefore its possible loss, so you should think carefully before pursuing this option.
To get a better understanding of how good your claim might be, you should review our DLA claims guides in the Members Only area.
If have specific questions, please come back to the forum.
Gordon
You can ask for a re-assessment of your DLA is you can show that you have suffered from your current problems for at least three months.
You need to be aware that asking for your claim to be Revised opens your existing award to scrutiny and therefore its possible loss, so you should think carefully before pursuing this option.
To get a better understanding of how good your claim might be, you should review our DLA claims guides in the Members Only area.
If have specific 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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- pete17971
13 years 3 months ago #70946 by pete17971
Replied by pete17971 on topic Re:DLA and a reassement
robo1071 wrote:
Hi,
Obviously we do not have access to your case papers etc, so we can only speak in general germs, but to add to Gordon's response above, if you are looking for an increased War Pension based on the accepted condition of your right leg affecting your left leg, then one really needs very very strong evidence to help prove this. You say your award is recent which makes it even more difficult as it would be harder to prove any deterioration in such a short time.
Thus looking overall, of you are considering mobility, then claiming DLA Mobility would be a technically easier (sic) route. This is due to the fact that in claiming DLA your overall condition would be looked at, you do not have to first prove that the damage to one leg is caused by the other. However to claim DLA one must have had these needs for three months and expect to need this help or have these difficulties for at least another six months. You said the leg has only been affected for 2 months, so you must wait at least another month before claiming or your claim would be rejected.
The other factor is that if you were looking into claiming the War Pension equivalent of DLA, known as War Pensioners Mobility Supplement (WPMS), then assuming your War Pension claim dates from post April 1997, then one needs at least a 40% War Pension before one can even look to claim this.
Then there is the fact that the SPVA take a very narrow definition of entitlement to this, much narrower and ‘stricter’ than the DWP take for an award of High Rate DLA despite the eligibility conditions for both appearing to be relatively similar.
However both with your War Pension claim and DLA claim, any request for a review based on increased needs etc does carry an element of risk that what you may have already been awarded could be reduced or lost.
For this reason, it is really vital that you obtain some face to face advice, either from a CAB/Welfare Rights Adviser or ex service organisation. They can thus evaluate the relative ‘safety’ of an existing award and assess the realistic possibility of an increased award based on face to face interview and your case notes, evidence etc.
Pete
Well basically it boils down to this:- I have put up with my ankle/knee injury (right leg-service realated) for so long now it has started to affect my left hip/knee.I have had sciatica so bad I can hardly walk at all!(about 2 months) I was given 30% recently by Vets agency so is it worth pursuing for associated left hip/knee as associated injury (as these are due to the right leg problems and me relying on the left leg) or just ask for reassement of DLA (already receive LRM) Your thoughts, thanks as always. (One for Pete methinks) Sorry to be a pain but its reached the stage now where I'm almost housebound and I'm starting to panic a bit. God Bless.
Hi,
Obviously we do not have access to your case papers etc, so we can only speak in general germs, but to add to Gordon's response above, if you are looking for an increased War Pension based on the accepted condition of your right leg affecting your left leg, then one really needs very very strong evidence to help prove this. You say your award is recent which makes it even more difficult as it would be harder to prove any deterioration in such a short time.
Thus looking overall, of you are considering mobility, then claiming DLA Mobility would be a technically easier (sic) route. This is due to the fact that in claiming DLA your overall condition would be looked at, you do not have to first prove that the damage to one leg is caused by the other. However to claim DLA one must have had these needs for three months and expect to need this help or have these difficulties for at least another six months. You said the leg has only been affected for 2 months, so you must wait at least another month before claiming or your claim would be rejected.
The other factor is that if you were looking into claiming the War Pension equivalent of DLA, known as War Pensioners Mobility Supplement (WPMS), then assuming your War Pension claim dates from post April 1997, then one needs at least a 40% War Pension before one can even look to claim this.
Then there is the fact that the SPVA take a very narrow definition of entitlement to this, much narrower and ‘stricter’ than the DWP take for an award of High Rate DLA despite the eligibility conditions for both appearing to be relatively similar.
However both with your War Pension claim and DLA claim, any request for a review based on increased needs etc does carry an element of risk that what you may have already been awarded could be reduced or lost.
For this reason, it is really vital that you obtain some face to face advice, either from a CAB/Welfare Rights Adviser or ex service organisation. They can thus evaluate the relative ‘safety’ of an existing award and assess the realistic possibility of an increased award based on face to face interview and your case notes, evidence etc.
Pete
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