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HOW TO ACCESS DISABILITY LIVING ALLOWANCE (DLA)

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DLA is a non-means tested benefit for those under 65 (at the date of claim) intended to help with the extra cost of a disability; DLA has two components – Mobility and Care.

Mobility Component has two rates:

• Higher rate is for those who are unable to walk or virtually unable to walk, for example who cannot walk 50m at a reasonable pace.
• Lower rate is for those who require guidance and supervision outdoors in unfamiliar places to get around; this often applies to those with a learning disability but is not exclusive to them.

Both of the above rates take into account the use of aids, appliances and treatments as used on a day to day basis.

Care Component

• Low – The person requires care for a significant portion of the day, this can include getting and going to bed and help with medication or they need help with planning and preparing a meal.
• Middle – The person requires care or supervision throughout / at least twice a night or the day and repeated / prolonged attention at night (i.e. for at least 20 minutes each time the carer watches over the person i.e. needs to be ready to intervene at any time).
• High – Day and night care.

Attendance Allowance (AA) – this is for those over 65. It does not have a mobility component. There are only two bands for care equivalent to middle and higher rate DLA. If a person is getting the mobility or lower rate care component of DLA before they are 65 they will still qualify.

What happens next?

Determination for eligibility is not based on a medical assessment but on care needs.

Make sure that any information sent is clear and accurate and current. This will greatly help the claim.

Once the claimant submits the claim form for either benefit, the lay claims officer will first consider what the claimant can and can’t do. They will then review the other information included and if required obtain more information such as GP; Nurse and Carers etc.

They may be examined by a Medical Practitioner who has training in disability – this is contracted out to ATOS (www.atoshealthcare.com).

The claims officer may ask for medical advice in-house and they may seek advice from external specialist advisors when required.

The Department of Work and Pensions (DWP) has a Disability Handbook which provides medical guidance this is however is being revised. It is available on the web - www.dwp.gov.uk/medical. It does not at this time have very much on dystonia but they are in the process of updating this information.

The DWP is currently developing some information on ‘Writers cramp’ although they recognise that it is unlikely that someone with ‘Writers Cramp’ would be eligible for either DLA or AA.

How to explain the variability that those with dystonia experience?

The claimant needs explain how they are for the majority of the time. If the condition is variable (which for many with dystonia is the case), it may be helpful to provide a week’s diary with concise bullet points of how each day or part of the day has been so that it presents a true picture of how things are.

The claims officer will adopt a commonsense approach to the consideration of this information. They may seek in-house medical advice then consult with claimants GP and/or Neurologist.

It is helpful if the claimant sends all the information at the time of the application.

Applications for children are complicated as the needs have to be in excess of those of children of a similar age and there are different amounts and levels for those aged 3years; 5 years and 16 years.

APPEALS

This is a three stage process (see website www.dwp.gov.uk) –
http://www.dwp.gov.uk/cymraeg/publications/2003/gl24_oct.pdf

This process will consider new evidence.

Reconsideration is time limited however everyone has a right to appeal decisions.

At the Appeal, it is important to include specific information on help needed with personal care and to provide evidence to support this information.

The applicant is generally in a stronger position if they turn up to the hearing and provide first hand evidence of their case. Giving clear and coherent information is more effective than convoluted stories.

COMMUNICATION

The Society (through Val Wells and Philip Eckstein) can communicate direct with the Chair of the Medical Advisory Panel at DWP with regard to general medical issues though he cannot comment on specific cases.

NB If you have any difficulties with DLA or if your application has been refused please contact the Service Development Manager at the Dystonia Society on 0845 458 6299 who may be able to help you.

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Important Note

The contents of these pages are provided only as information and are in no way intended to replace the advice of a qualified medical practitioner. The Society strongly advises anyone viewing this material to seek qualified medical advice on all matters relating to the treatment and management of any form of medical condition mentioned. Furthermore, rapid advances in medicine may cause information contained here to become outdated after some months.

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