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Nice(ish) DLA dilemma
- VictoriaF
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10 years 6 months ago #126241 by VictoriaF
Nice(ish) DLA dilemma was created by VictoriaF
Just got the decision on my DLA renewal in super fast time. I've been awarded low rate care (which I feel is right) and Higher rate mobility.
The dliemma is I had to write to them to say I only qualify for low rate mobility two years ago and my condition hasn't (luckily) worsened since then. I used pretty much what I wrote in the letter (though, obviously, the form goes into more detail).
My question is - how do I tell them without appearing like I've deliberately tried to de-fraud. (And with them not looking at the whole claim again if at all possible)
Thanks for reading and all the best, Victoria
The dliemma is I had to write to them to say I only qualify for low rate mobility two years ago and my condition hasn't (luckily) worsened since then. I used pretty much what I wrote in the letter (though, obviously, the form goes into more detail).
My question is - how do I tell them without appearing like I've deliberately tried to de-fraud. (And with them not looking at the whole claim again if at all possible)
Thanks for reading and all the best, Victoria
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- Gordon
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10 years 6 months ago #126243 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Nice(ish) DLA dilemma
Victoria
An unusual request on the forum.
Higher Rate Mobility is awarded to claimants who are unable to walk or are virtually unable to walk.
Just to confirm;
- You do not believe that you meet the requirements for HRM and do not have problems walking or if you, you do not believe that you are so restricted as to meet the requirements.
- Lower Rate Mobility is awarded to claimants who are unable to go out or if they do, would be unable to successfully plan and navigate a route to a destination. You believe that you meet these criteria.
I have to say that I find it odd that two separate assessments would result in an award of HRM if you did not meet the criteria. Providing you have been open and honest on your DLA renewal forms, there should be no reason for the Decision Maker to make an inappropriate award, however, if you genuinely believe that you do not qualify for HRM then I would write to the DWP explaining your concerns and ask them to look at the award again to confirm whether it is correct.
This may be treated as a Mandatory Reconsideration, but also might be dealt with as administrative exercise.
Without more information it is difficult to say whether they would expand any review to include your new Care award, but I do have to warn you that the criteria for HRM and LRM are sufficiently divergent that not qualifying for HRM does not mean that you do qualify for LRM.
Gordon
An unusual request on the forum.

Higher Rate Mobility is awarded to claimants who are unable to walk or are virtually unable to walk.
Just to confirm;
- You do not believe that you meet the requirements for HRM and do not have problems walking or if you, you do not believe that you are so restricted as to meet the requirements.
- Lower Rate Mobility is awarded to claimants who are unable to go out or if they do, would be unable to successfully plan and navigate a route to a destination. You believe that you meet these criteria.
I have to say that I find it odd that two separate assessments would result in an award of HRM if you did not meet the criteria. Providing you have been open and honest on your DLA renewal forms, there should be no reason for the Decision Maker to make an inappropriate award, however, if you genuinely believe that you do not qualify for HRM then I would write to the DWP explaining your concerns and ask them to look at the award again to confirm whether it is correct.
This may be treated as a Mandatory Reconsideration, but also might be dealt with as administrative exercise.
Without more information it is difficult to say whether they would expand any review to include your new Care award, but I do have to warn you that the criteria for HRM and LRM are sufficiently divergent that not qualifying for HRM does not mean that you do qualify for LRM.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- VictoriaF
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10 years 6 months ago #126292 by VictoriaF
Replied by VictoriaF on topic Nice(ish) DLA dilemma
Thank you ever so much for your full and useful reply.
I feel I do qualify for LRM as I find it very difficult route planning, judging traffic etc. But, for DLA purposes, I have no physical difficulty walking now, so not HRM.
I also find it very odd to have the two quite different decisions.
I shall re-read the copy of my form and check I haven't ticked the wrong box or worded something amiguously.
Reassuring to know they may (if I'm lucky) see it as purely admin.
Thank you again for your time and all the best, Victoria
I feel I do qualify for LRM as I find it very difficult route planning, judging traffic etc. But, for DLA purposes, I have no physical difficulty walking now, so not HRM.
I also find it very odd to have the two quite different decisions.
I shall re-read the copy of my form and check I haven't ticked the wrong box or worded something amiguously.
Reassuring to know they may (if I'm lucky) see it as purely admin.
Thank you again for your time and all the best, Victoria
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