DLA LRM Question

I hope someone in the know can answer this question.

I have just had both my DLA LRM AND LRC taken away and contacted the Community Legal Advice people for help in forming an appeal.

I have been told that I cannot appeal the decision to remove my LRM because 'in order to qualify for help with low rate mobility on the grounds that you cannot cope in unfamiliar places etc. you would need to show that you would benefit from that help, and as you have stated you are too scared to go out then there is no point in your appealing because you would not meet the criteria'.

So in other words in order to qualify under the grounds of not coping in unfamiliar places you have to go out in the first place!

If this is correct, and I did say in my forms that I was really struggling to get out, then why don't the DWP give that reason in their statement of reasons as to why I do not qualify?

Part of me thinks that this cannot be right, but equally we all know how the Condemns are shifting the goalposts so I guess it's highly likely that the information I was given is correct.

Can anyone point me to the point in law where it actually says this so that I can satisify myself that there is no point in my appealing that part of the DWP's decision please.

TIA

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I will leave it to my fellow mods to see if anyone can remember the authority for it, but yes, it is correct that you cannot get LRM if you never go out.

Gosh thank you.

So basically in effect they penalise you for being too weak to get out. I still would appreciate the appropriate text though please if someone has it.

I am confused as to why they granted it me in the first place then, because my understanding was that I got it because I had difficulty getting out. Did the goalposts change or are you supposed to have a miraculous recovery because they give you the princely sum of £19.55 per week and actually be able to get out.

It strikes me as being a bit like the old 'I cannot sit for ten minutes or more' to be told that you made it to the medical an hour in the car therefore it makes your statement of not being able to sit for ten minutes or more a lie. Damned if you do and damned if you don't.

Hi

I think what you have is an opinion, as far as I'm aware there is nothing stopping you representing yourself at a tribunal as you have lost both DLA components in a way you have nothing to lose. I found this decision which may or may not apply -

•The test is satisfied where someone is too frightened or nervous to walk out of doors on unfamiliar routes as a result of their underlying disability. Note: amending regulations state that fear and anxiety must be a symptom of mental disability which is severe enough to prevent someone from taking advantage of the faculty of walking without guidance or supervision on unfamiliar routes. See R(DLA)3/04 (formerly CDLA/4438/2003) and CDLA/1457/1998.

You should follow the B&W step by step guides on how to appeal.

Michael

Please note I'm a B&W member not a moderator or expert

Note: The higher rate is payable only where during most of the period of any award, the condition allows the person from time to time to benefit from enhanced facilities for locomotion (see DMG 61413 - 61414)8.