DLA - peculiar decision

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Sunny Clouds

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DLA - peculiar decision

  • on: 27 May 2012 12:06AM
I wrote to the DWP asking for a DLA supersession.

I explained that I have DLA LRM because I need help in unfamiliar places but that I am no longer going to unfamiliar places although I do go to familiar places and for the most part do not need supervision to do so. 

I pointed out that so far as I am aware, the law says that you cannot get HRM if you don't leave the house but I can find no corresponding provision in relation to LRM.  Nevertheless, it would appear logical to me that if someone cannot get HRM if they do not leave the house, then someone would not be entitled to LRM if they (a) do not go to unfamiliar places and (b) do not require assistance in familiar places.

I have now received my decision letter.  I have been told that I am still entitled to LRM because I still need help in unfamiliar places.

This is absurd.  It's not that it's not nice to have lots of money but if I'm not actually going anywhere unfamiliar, it's just going into my pension.

I did previously try to claim just MRC (I currently get HRC) and no mobility, but was told quite firmly I can claim it or not claim it but I can't decide which element to claim or put a maximum rate at which I want to claim it.

I don't want to stop claiming DLA altogether, because I want my IS premiums.

No wonder people feel angry about people like me getting DLA.

Still, I think my pension company's happy.

Meanwhile, since I've had various arrears of benefits this year that I haven't spent, plus oodles of DLA, I'm now on a shopping binge.  I realised I'd been so parsimonious with my spending that I was walking around in shoes with a girt big hole in the sole and using sheets that were secondhand when I bought them thirty years ago.

I think I'll put my shopping list elsewhere for people to add to.
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

seegee

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Re: DLA - peculiar decision

  • on: 27 May 2012 10:51AM
So you can continue to pay into your pension (can you make additional "one-off" payment if you have spare money?), put some into a separate savings account with a different bank/ organisation for when expensive things happen (like needing a new computer/ washing machine...), check on all the things that are getting a bit old/ worn & might need replacing, spend on something that is purely enjoyable (I will eventually get around to buying an e-reader; I don't need one but it'd be nice to have easily-portable books).
Maybe you can even do a little bit of each, depending how much the back-pay adds up to?

You have told DWP and they say that's how things work, so you can now start accepting that's the way the rules do work & if you choose not to go to unfamiliar places, that still counts. 
I suppose the logic is something along the lines of... if you were ill and had to go to a different hospital/ medical unit for examinations/ treatment, you could only choose not to go to that unfamiliar place by refusing treatment - which would be damaging to your health and may well lead to further disabling illness, so you get DLA to allow help with that. 

KizzyKazaer

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Re: DLA - peculiar decision

  • on: 27 May 2012 01:47PM
I did previously try to claim just MRC (I currently get HRC) and no mobility, but was told quite firmly I can claim it or not claim it but I can't decide which element to claim or put a maximum rate at which I want to claim it.


Thanks for sharing that, Sunny, because I have been contemplating asking for my own DLA to be reduced to MR care as well, I would be quite content with that - but I couldn't face filling out yet another sodding soul-destroying form and risk losing everything.  The system is set up to keep us right where we are, it seems to me.  I don't think I'll poke anything with a stick at the moment... if I lost two-thirds of my income (which is what it would amount to if IS premiums were lost as well as the DLA itself)  that would be kind of injurious to my health in itself, so why put myself on a merry-go-round?  And the same goes to you too.

No wonder people feel angry about people like me getting DLA.


Sod 'em, they don't understand the ins and outs of how and why DLA awards are made; it's none of their business; and if they have an issue with it, let them take it up with whoever decided the legislation!

Seegee makes a good point about the LRM, too  >thumbsup<


Monic1511

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Re: DLA - peculiar decision

  • on: 27 May 2012 03:00PM
Hi Guys
If you feel that you are no longer entitled to a component of DLA you can ask them to stop the payments but the DWP cannot change the criteria MRC -> LRC unless you complete a suspersession.

Sunny I know loads of people with HRM because they are unable to walk out of doors and they rarely go out, its meant to be there in case they need to go out.  Although you don't go to unfamiliar places without someone with you if thats because of your health problem then you still meet the criteria

Low rate Mobility
You must be aged 5 or over and “so severely disabled physically or mentally that, disregarding any ability you may have to use routes which are familiar to you on your own, you cannot take advantage of the faculty out of doors without guidance or supervision from another person for most of the time.”

If you got a call telling you that you had to attend an unfamiliar clinic would you go if no one was able to come with you.

As for others opinions - stuff them, they don't know the criteria, they don't have a medical degree in every specialisim and unless they have lived with the worst case/average case of your illness then they have no idea of the problems you face on good bad or indifferent days.
 >hugs<
Monic

Sunny Clouds

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Re: DLA - peculiar decision

  • on: 27 May 2012 04:18PM
Thank you, everyone.  I think I'm just getting more and more paranoid with all the government aggro and all the problems I've had with HMRC and DWP.  I owe HMRC about £1000 but they won't simply accept it, I have to fill a big form in, and they've written twice to say that  but they still haven't sent the form.  I'm filling in a form for IS about stuff like whether I've got a partner and how much money I've got.  I'm terrified they'll decide I've put the wrong answer somewhere. 

I sometimes think it would be an awful lot more straightforward if I had, say, no arms and legs and could say "See, they haven't grown back since last time" but I'll bet even then there would be something to stress me about benefits.
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

Sofie

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Re: DLA - peculiar decision

  • on: 27 May 2012 04:31PM
If you did go to unfamiliar places, would you still need help? To get dla, the help must be reasonable. You don't need to be getting the help. I was once you must be geting the help - that would mean someone living alone who gets no help from ss has no dla entitlement. Yet, the needs are still there.

Apologises for typos. Am away and using my tablet.

hossylass

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Re: DLA - peculiar decision

  • on: 27 May 2012 05:45PM
Dont worry about the IS form.

Everyone I know has had one since January. I put the absolute basics on mine. I let the DLA and IB speak for themselves...

Sunny Clouds

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Re: DLA - peculiar decision

  • on: 27 May 2012 08:35PM
I'm ploughing through the IS form.  It asks how much IB I get.  How should I know?  They make a combined payment and when they wrote to me to say my money was going up this year, they enclosed with it a breakdown of last year's figures plus a postscript saying it was going up.  If they're paying me the money, why are they asking me how much it is?
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

KizzyKazaer

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Re: DLA - peculiar decision

  • on: 27 May 2012 09:48PM
Just write in the box - 'not sure, please see your records'.  The IS processor always checks it out on the IB system anyway....

Sunny Clouds

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Re: DLA - peculiar decision

  • on: 27 May 2012 11:36PM
I've gone further than that now, I've photocopied the relevant letter.  I don't trust them.  Any computer that can spew out a figure for IB paid in one year of not far short of a quarter of a million pounds isn't to be trusted.   >yikes<
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

hossylass

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Re: DLA - peculiar decision

  • on: 28 May 2012 12:40AM
Wow, if only they had paid it out... thats what I call an overpayment.

Actually that's what I call a first class ticket out of here >lol<

It's a bit shite when they cant get the decimal point in the right place...

Sunny Clouds

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Re: DLA - peculiar decision

  • on: 28 May 2012 01:26AM
As I wind down for bed, I find myself wondering whether I can bear to call the DWP again tomorrow for a slightly more realistic P60...
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

Sofie

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Re: DLA - peculiar decision

  • on: 28 May 2012 08:30AM
I've gone further than that now, I've photocopied the relevant letter.  I don't trust them.  Any computer that can spew out a figure for IB paid in one year of not far short of a quarter of a million pounds isn't to be trusted.   >yikes<

That is ridiculous!