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can I appeal the mobility part of a DLA claim?

leo64leo64 Member Posts: 1 Listener
We have changed from DLA to pip My son has been awarded his care award but not the mobility award can I appeal the mobility part as he will not leave the house unless I'm with him or his brother or sister is with him he won't even walk down to my local shop or cross the road to my friends 
Or do I have to appeal the whole claim 

Replies

  • wildlifewildlife Member Posts: 1,314 Pioneering
    @leo64 You can tell them what part you don't agree with i.e. mobility but the whole thing is reviewed by a different assessor and a different decision maker. You can't only ask for a MR for part of your son's claim. So you need to be aware there is a risk of losing what he's already got. it's up to you to decide. I suggest you base the decision on how secure you feel about what he's already got and the strength of the argument to get it changed is. You can ask for a call back from a Decision Maker to discuss the result to help you decide what to do. I got my points increased by 6 overall and I didn't worry about losing anything, but other's have lost out. Each case is different. What works for one might not work for someone else.   
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi leo64,

    As wildlife explains the first step is to ask for a mandatory reconsideration. That means the decision will be looked at again by the DWP. It's useful to have the assessor's report (you can ask for a copy) to explain anything you think the assessor got wrong or missed out.

    You can ask for the mobility component to be looked at again and I recommend making it clear you are happy with the daily living component. However, as wildlife says, they may look at any part of the award again. Unfortunately you can't prevent them doing that and so there is a risk of losing what your son already has, but from what you say I think it is worth going ahead.

    It definitely sounds as though your son should get points in 'planning & following journeys' because he won't leave the house. I would have a look at that activity so that you can be as specific as possible about what points he should get and why - and supply any additional evidence you have. You can have a look at the PIP points system here.

    State that the daily living component award is correct and leave it at that. Unfortunately the rate of success at MR is very low but I do think you have a very good argument for the mobility component. Aim to get the MR request in within a month of the decision if you can - if you can't, explain why it is late.

    Good luck!

    Will


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ahmedahmed Member Posts: 9 Listener
    Ok, My Son receives the High Rate of Care, very briefly when my Son was assessed a while back, I kept him home at the request of the assessor who said she wanted to see him, My Son attends of the National Autistic Schools. So I did Keep him home from School. When the assessor arrived I notified her that I had kept my Son home from School so that she could meet him and have a chat to him. Half ways through the Assessment she said can I see your Son. I called him from his Room she said hello to him he said hello to her, That was it, I said to the assessor is that it, Yes she said. So she left after she had finished the assessment when we received the results of the award it was the high Rate of care and the low rate of mobility. How could she make a decision on Low rate of Mobility when she did not even have any idea about my Son's Mobility Needs. My Son is Autistic and has never travelled as much as 5 Meters by himself when he is out. he has no idea regarding safety or how to cross the road by himself. I have been put off appealing this decision because everyone tells you that you could loose everything. I believe that is a Ploy by the DWP to scare you into not appealing such Decisions. Particularly when they did not even bother to speak with the Child. It's Crazy.If it is a wrong decision I should be able to appeal the decision without fearing it would affect any part of his benefit. We as carers spend most of the Day taking care of our Children with disabilities and should be awarded the proper rate of care without fear of reprisals.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    ahmed,

    It sounds like the assessment was inadequate - if anything like that happens again, I would complain to the assessment company (it may even be worth a late complaint). 

    If you do ask for PIP to be reconsidered, then it's worth mentioning how poor the assessment was and that this probably led to your son not getting the right rate of the mobility component.

    I wish I could reassure you about the process but unfortunately that wouldn't be correct...we know that the DWP do all sorts of things. But I don't want to put you off getting the right rate. If you are still concerned, maybe see if you can get a local adviser (eg Citizens Advice) to help, or your MP's surgery. As you rightly say, it isn't acceptable for anyone to be put off getting the right rate of benefit because of fears of losing more money.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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