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Have I made the right decision?

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10 years 2 months ago #131444 by carb
Have I made the right decision? was created by carb
I filled in my daughter's DLA renewal in late January and have had really bad news this morning that she has been awarded middle rate care and nothing in relation to her mobility. At the moment she receives high rate mobility and middle rate care. Her condition has deteriorated since we made the last claim two years ago and we took it for granted that she would receive the highest rate mobility due to the deterioration in her condition.

She has a very complex congenital heart condition and is having open heart surgery at Great Ormond St Hospital on Friday.

I rang the number in the letter and I said that I wanted the claim to be looked at again, is this called the 'mandatory reconsideration?

At the end of the conversation the lady said that the whole claim would be looked at again and my daughter might loose the middle rate care. I am verry worried now
If I've made the right decision? Should I reconsider?

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10 years 2 months ago #131461 by Gordon
Replied by Gordon on topic Have I made the right decision?
Carys B

We would make the same warning on the forum, but the reality is that it is rare for the DWP to reduce or remove an existing award on appeal or MR.

Have a look at our DLA & AA Appeal guide for more information on the process.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: carb

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10 years 1 month ago - 10 years 1 month ago #131889 by carb
Replied by carb on topic Have I made the right decision?
My daughters cardiac surgery has been postponed untill April and I've had time to think about the mandatory reconsideration that I've asked for.

Can I change my mind about this and accept the award given?

Also can anybody please advise if my daughters gets middle rate care will I still be eligable to get carers allowance?

I really am in a state, worrying if I made a rash decision? Any advice greatly appreciated!!! Really scared that they could take away her care award! All this financial worry on top of my daughter having heart surgery is extremely stressful.
Last edit: 10 years 1 month ago by .

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10 years 1 month ago - 10 years 1 month ago #131908 by
Replied by on topic Have I made the right decision?

Carys B wrote: My daughters cardiac surgery has been postponed untill April and I've had time to think about the mandatory reconsideration that I've asked for.

Can I change my mind about this and accept the award given?

Also can anybody please advise if my daughters gets middle rate care will I still be eligable to get carers allowance?

I really am in a state, worrying if I made a rash decision? Any advice greatly appreciated!!! Really scared that they could take away her care award! All this financial worry on top of my daughter having heart surgery is extremely stressful.


Hi CB,

You could write to The DWP informing them that you have decided to accept the original MR Care Award, and wish to withdraw your request for an MR.

Or, you could wait for the outcome of the MR, and if it is not changed in your daughter's favour, you could simply leave it at that, and not pursue an appeal to The Tribunal Service.

As long as you fulfil the eligibility criteria for Carer's Allowance (CA) you can receive it for providing 35 Hours/Week or more care for your daughter if she is in receipt of MR Care DLA : CA GOV.UK.

See also : CA Carers UK.

bro58
Last edit: 10 years 1 month ago by .

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10 years 1 month ago #131920 by carb
Replied by carb on topic Have I made the right decision?
Do you think that the DWP will change the care component of the award? I did state in my letter that I only disagreed with the mobility component? So confused!!

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10 years 1 month ago #131923 by Gordon
Replied by Gordon on topic Have I made the right decision?

Carys B wrote: Do you think that the DWP will change the care component of the award? I did state in my letter that I only disagreed with the mobility component? So confused!!


The removal of an existing award would be very unusual but I am afraid that it does happen on occasion. In the unlikely even that it does happen then you can still appeal the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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