DLA Mandatory Reconsideration help

Hiya im looking for some advice…..

I have fibromyalgia/ME and ive been under the care of 2 different specialists for a number of years plus 2 different occupational therapists. I have been receiving DLA higher rate mobility and lower rate care for 5 years and it came up for renewal this past July.

In the past 2 years my condition has deteriorated and I contained all the relevant info in my renewal form along with reports with my consultants and used the guides on here to detail my extra care needs I now have. I also stated that I don’t go to see my GP often as I get to see my consultants every 6 months.

I got my letter from DLA stating that they had looked at my evidence and wrote to my GP and decided on giving me DLA low rate care and high rate mobility for 1 year, so I will need to do this again in about 6 months time. I understand that they have only given it to me for 1 year as at the end of May I had gastric bypass surgery which may help my condition improve which is fair enough (although it seems to be making me much sicker at the moment, ive been hospitalised twice so far with malnutrition and dehydration and im on anti sickness tablets – time will tell). I would of liked them to have contacted my specialists as they would have been better placed to give them info on how my condition effects me than my GP and I have no idea what my GP actually told them.

The letter is a statement of reasons:

During the day:
You need help to – wash and dry yourself, use a bath or shower, dress and undress

Although you have difficulty you don’t need help to:
Manage your toilet needs, move about indoors, eat and drink, manage your treatment and medication.

You are aware of common dangers

Preparing a cooked main meal

You need help to: use a cooker

Conclusion

Help with getting around outdoors

You are unable or virtually unable to walk, so you are entitled to the higher rate mobility.

Preparing a cooked main meal

You need help to prepare a cooked main meal for one person.

During the day

Using suitable aids, you don’t need help from someone several times right through the day.
You don’t need supervising right through the day to prevent substantial danger to you or others.

During the night

Using suitable aids, although you need some help with your personal care from someone, this is not needed more than once or for 20 minutes or more a night.

You don’t need someone to be awake to watch over you at night often, or once for up to around 20 minutes, to prevent danger to you or others.

Can anyone give me advice with this? I do struggle to get around indoors, how can I struggle to get around outdoors and qualify for higher rate mobility yet be told I don’t struggle to get about indoors?

I specifically wrote that I struggle to get up and down the stairs to go to the toilet, I need the toilet fairly often ( number 1) and is a symptom of my Fibro. I also get very dizzy when I stand up and im at risk of fainting, even more so now since my bypass surgery as im eating so little im constantly dizzy. I have to get up several times during the night to use the loo, often im in pain, dizzy and exhausted and feel like my legs could give way. Walking up and down the stairs, getting up off the toilet are all a big challenge to me and because of my frequent urination I have to do this several times throughout the day and night, that’s a lot of moving about for someone who they have agreed is virtually unable to walk? I wrote so much detail on the form using the guides on here but they seem to have not considered any of this this?

They have concluded yes I do need help to dress and undress, and use a bath or shower, which goes hand in hand with having the energy and fighting through pain to move about indoors but the seem to not see how they all tie in together?

What do they mean by suitable aids?

Any help or advice on how I best go about writing my reply to them would be much appreciated as im really getting myself stressed and panicky about this now

Hi C,

Welcome to the forum. On the assumption that you are also new to the site, this link should help you find your way around.

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If you are not happy with the result of you reassessment you need to request a Mandatory Reconsideration. You can initiate this by simply saying that you don't believe the severity of your condition was given adequate weight. However, you will need to provide additional information and evidence if the Decision Maker is to come to a different decision this time. Failing that, you will need to point out the evidence and information that you have already provided. From what you have posted, it seems that you might have emphasised the difficultly you have in getting around (which resulted in the hight rate mobility award) but not the help you need with personal care.

You should know that a Mandatory Reconsideration, like a Tribunal, will look at both elements of the award and can downgrade it as well as upgrade. Nevertheless, you should state that you are happy with the mobility element and do not wish this to be reconsidered.

Mandatory reconsideration FAQs

DLA renwewals and change of circumstances

Please reply to this post with your further questions and we will do our best to help. You will find it easily in future if you bookmark it, or make it a favourite on your web browser, now

Thanks for the replies

That isnt actually my real name so no worries on that front.

I have requested a mandatory reconsideration and a statement of reasons. The statement of reason is what I posted above.

I guess I need to draw them to the points I have already made on the form as they dont seem to have taken them into consideration.

I did state that I couldn't use a stool in the shower/bath as I feel dizzy and dont feel safe perched on a stool. I live in a rented property I dont know how the landlord would feel about having his property adapted for me. How would I fund these aids/adaptations without DLA anyway?

I have muscle wastage and no strength in my arms, this makes things like pulling myself up from things difficult and painful.

So should I just reply with why the use of aids and adaptions would not result in me not having extra care needs?

Yes that makes sense, thank you,

I need to get my form out and read through it again and take it from there. Your last sentence is the most important point there - I need to focus on what I cant do and why.