Only awarded Lower Rate Mobility

DWP put me on low rate mobility because of my anxiety and panic attacks.fare but have not taken account of my depression so no help with personal care.I need constant motivation to do anything and my wife helps me all the time.what do we do now? Feel so bad for her and guilty

From what you say about the help you need, it is entirely possible that you are entitled to a care element to your DLA, although without full information it would not be possible for an adviser to say for certain.

If you have just had your DLA decision, you could appeal and you have one month in which to do so. You need to use a form GL24.

However, if you appeal, you risk losing your mobility element, so you will need to feel sure enough that you are entitled to the care element to be worth chancing what you've already got. Only you can know whether you're prepared to take the gamble.

If you are outside the one month period, you have missed the boat for appealing, but if your condition worsens, you can notify the DWP of a change of circumstances and ask for a supercession, which in practical terms means going through the application process again.

Orror Brow wrote:

DWP put me on low rate mobility because of my anxiety and panic attacks.fare but have not taken account of my depression so no help with personal care.I need constant motivation to do anything and my wife helps me all the time.what do we do now? Feel so bad for her and guilty

There are two important Commissioners' Decisions with regard to depression/ anxiety and the DLA care component, which you may find useful if you decide to appeal?

The first is CDLA/1148/97 remitted back from the Court of Appeal (Foley vs CAO) attention for the purposes of enabling the claimant to get over “near paralysis of will” may count.

Although attention over the phone is no longer accepted, the type of attention e.g. reassurance may still be accepted if it is required and can be given in the presence of the person. Unfortunately, I am having difficulty in locating the second decision, that of Mr Commissioner Goodman online at the present time, but I will keep on trying as it deals directly with a claimant who suffered from anxiety/panic attacks, and day care needs.

The second is CDLA/12912/96 which deals with claimants who suffer from mental illness/mental health problems and who require assistance with night care needs, and is available by scrolling down this list of Commissioners' Decisions.

Mod edit: Although I have a copy of Commissioners Decision CDLA/1148/97 (No 2), unfortunately the B & W website will not allow me to upload it to the forum. Furthermore, I cannot locate this very useful DLA decision anywhere else online.

short history.first diagnosed depression and agoraphobia 1997.Got IB.40 mill prosaic daily.became alcohol dependent.was painter and dec for 15 years upto illness.Atos stopped IB from SEP 2010. appealed but did not go to it as they sent date to wrong address.not successful.clamed ESA DEC 10 2010.got first payment 14 march after Atos examination 3 weeks before.all benefit and rent alowence stopped from dec 10.nearly got evicted. friends helped out luckily.have wife and 3 kids.battling depression and anxiety daily.if my wife did not help me i would not eat or wash.she talks me down from panic atax daily and at night.if it wasent for her looking out for me i would have ended it all by now.she constantly motervates me and helps with all my probs including depression from witch all my other problems,alcohol, panic,anxiety stems.£18 a week is a kick in the teeth.

forgot to add.got sent DLA form along with IS form back in sep 2010 without asking for it. duteously filed it in (late as no date on it)with the help of this site(Thankyou) and now i feel like thay dont beleve us.feel so tired of it all.

Has your ESA been backdated to when you claimed it in December? Did you make a fresh claim for Housing and Council Tax Benefit when your IB stopped?

It may be worth your while to seek face to face advice on your HB and CTB to see if you can put in a fresh claim and if you can get it backdated.