20 yr daughter with M.E/CFS

teresa wrote: Hi can someone advise me please? My daughter (20) suffers with m.e/cfs she recieves high rate moblity and middle rate care until 2015. She recieves esa in wrsg. Do i need to inform the 'bodies' that her condition has worsend over the last 3months? How will this effect her? What is the process time? She is too ill to attend interviews and the jobcentre conducts phone interviews..usually with me as she cant cope with conversations.they appear to be understanding. but what are the implications involved. Thankyou very much

Whilst she is required to notify the DWP of a Change of Circumstances, as her condition has deteriorated it will depend on whether she now qualifies for a higher rate of benefit.

For DLA she will only qualify for the Higher rate of Care if she now needs care during both the day and the night, an increased need during the day or the night, whichever her award is based upon, will not result in her meeting the criteria for HRC.

if she does not have care needs both day and night then you can report a C of C but you need to be aware that doing so may result in her being transferred to PIP rather than her DLA being re-assessed, depending on where she live.

www.gov.uk/government/publications/pip-postcode-map-uk

In regard her ESA, you need to look at whether she now meets the criteria for the Support Group, if she does then she can request a re-assessment of her claim, this will result in a new ESA50 and likely a face to face assessment, she will need to provide medical evidence that supports the deterioration which must have occurred since her last assessment.

Qualifying for the Support Group

In both cases she should be aware of the following

Is there any risk to challenging a decision?

If you have any questions on the above. please reply to this post

Gordon

teresa wrote: Hi Gordon, thankyou for your advice, as I see it,from a legal aspect, I am to notify dwp on a change of circumstances, but in doing so create more mind blowing paperwork and risk my daughter losing out financially (the latter being small,but who knows how the system works!)
I appealed over their refusal for DLA and won,will I being be putting ourselves through this again? Similarly with atos she wouldnt even make it to a medical they would have to come to her....would they? Regards Teresa

Just to let you know that I have corrected a mistake in my previous post, I said "if she does not have care needs both day and night" and it should have been if she does have care needs both day and night".

For ESA, ATOS require a letter from the GP before they will consider a home assessment, for DLA most assessment are in the home, for PIP is not entirely clear, Capita are doing the majority in the home, but ATOS are doing the majority in their Health Care centres, we assume that they will need a GP letter, but it is at their discretion to grant a home assessment or not.

Please be aware, if she is in an active PIP area and an invitation to claim PIP is issued then there is no way for her to retain the DLA award, it will be terminated whether the PIP claim is pursued or not.

Gordon