Author Topic: DLA Tips 2 - sent by Jackie  (Read 4935 times)

Offline Alec

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DLA Tips 2 - sent by Jackie
« on: Jun 24 2003, 12:00 AM »
1)  This information may be of use to claimants to consider before filling in the form, as it emphasises the need to be specific:
 
 
Select Committee on Social Security Minutes of Evidence
 
Memorandum submitted by Disability Benefits Consortium (DLA 2)

"8.2 Many people do not fully understand the basis on which they have been awarded benefit. It is common for people to believe that a DLA award is directly linked to their diagnosis, for example that they have arthritis, angina or ME. Providing their diagnosis remains the same it does not occur to them that they may no longer be entitled to benefit, even though their needs may have changed. Because they continue to take medication for their condition and attend hospital or GP appointments they believe they are still entitled to benefit.  IN FACT DLA IS NOT GIVEN BECAUSE SOMEONE HAS BEEN DIAGNOSED AS HAVING A PARTICULAR CONDITION BUT IS LINKED TO THE SEVERITY OF THEIR DISABILITY AND THE EXISTENCE OF CARE OR MOBILITY NEEDS."  (my caps) .

http://www.parliament.the-stationery-office.co.uk/pa/cm199798/cmselect/cmsocsec/641-ii/641ii02.htm
 
2)  The next information was taken from an article in a magazine for people with ME but applies very much to Menieres and other inner ear afflictions when claiming DLA.  It applies to lower rate mobility and came into effect in April 2002:
 
"The new rules relate to the lower rate mobility component, which is paid to people who can walk, but who are unable to walk outdoors in unfamiliar places unless they have someone with them (for example, because of a visual impairment).  The alterations are in connection with claims based on fear and anxiety.  A new clause 12(7) is to be inserted into the DLA regulations stating that people who cannot take advantage of the faculty of walking outdoors without guidance or supervision from another person, because of fear or anxiety, will not be eligible for the lower rate mobility component.
 
A second clause 12(8) will state that clause 12(7) is to be ignored if the fear or anxiety is a symptom of a mental disability and so severe as to prevent the person from taking advantage of the faculty in such circumstances.  The intention is that people who claim on the basis of fear or anxiety because of, for example, agoraphobia, will still be able to do so.  But people who cannot demonstrate that their fear or anxiety is a symptom of a severe mental health problem will not be eligible for lower rate mobility component.  The Government claims that it is simply clarifying the law, rather than making changes.  But, the new rule means that the often severe, psychological effects of physical impairments must in future be ignored for the purposes of lower rate mobility component...........
 
.........Because their condition is not directly related to walking outdoors they may be seen as choosing not to do so, rather than being prevented from doing so.
 
For further information visit the SSAC website at
 
 http://www.ssac.org.uk/act_con.htm
 
where you can download a 32 page pdf file with a copy of the new regulations and more information about the changes."
 
 
For us this means that we have to be very careful about claiming to be unable to walk outdoors as a result of fear of vertigo attacks.  The important distinction to make when filling in the form is to ensure that the Adjudicating Officer knows that mobility is affected by being unable to walk outdoors as a result of feeling ill rather than being anxious about the possibility of vertigo, or that you need someone's help because you feel dizzy already before going out.  It is also OK to say that you feel anxious while outdoors, but not that it prevents you going out in the first place.
 
This will be dealt with in more detail in another email.
Alec (forum Moderator)

Whenever I hear the term, 'let's go for a spin', it makes me cringe.