DLA decision

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I wonder if somebody could shed some light on this for me we have been awarded a blue badge for my daughter after she had an assessment at the local Authority office. she was awarded her badge  under this part. 

'Whether the effort of walking presents a danger to the applicant's life, or

would be likely to lead to a serious deterioration in their health. This

element is intended for people with serious chest, lung or heart conditions

who may be physically able to walk normally.'

 So we applied for the DLA Sent off all the reports have a children's charity help me fill the application form out and we got  no award for DLA but this is very confusing because on the letter they have sent me it is saying she does not fall under 

 The effort you need to walk would put your life at risk or lead to serious deterioration in your health ? 

 But They have obviously haven't read the letters we have sent in from the local authority stating the badge was awarded for 

'Whether the effort of walking presents a danger to the applicant's life, or

would be likely to lead to a serious deterioration in their health. This

element is intended for people with serious chest, lung or heart conditions

who may be physically able to walk normally.'

Surely we fall under this as it is exactly the same just looks like they have not read the letter of award or missed it completely any help would be great.

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11 Replies

  • Posted

    Hi Tony 53830,

    It must be very upsetting to get two different responses from what should be a "connected" system. Unfortunately, the dwp, dla and local councils, although communicate and share all of the information they hold on us it does not follow that they come together to help us.

    If they suspected any fraudulent actions then they would work closely together, otherwise, they see each other as separate entities and we have to try to get them to pool their resources.

    Persevere, keep contacting them and hopefully, don't hold your breath, common sense will prevail.

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    • Posted

       Yes we could not believe it it was so clear we have asked them to look at this again if not it will go to an appeal. obviously they awarded the badge because she's quite disabled to be awarded nothing for mobility and care was  unbelievable and they have missed it on the letter why the award was given. Disgusting decision made  they wouldn't of awarded her a badge if they didn't think she needed it looks like it's going to be a fight if they just read the letters properly They would see they have made a mistake.

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    • Posted

      As far as the DWP are concerned there is no common ground between passing a LA Blue Badge assessment and either PIP or DLA.

      There are many (and I know a few) that have Blue Badges but cannot get either a DLA or PIP award for mobility.

      If what you are suggesting should be the case, then you should get High Mobility DLA or Standard/Enhanced PIP on the basis of getting a Blue Badge or  - it will never happen.

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  • Posted

    Watch your language tony53830, they don't make mistakes, only clerical errors, if you go about your appeal in this obstructive manner you won't pass the first hurdle. Good luck, Mike.

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    • Posted

      Yes Mike  don't think I swore anywhere  I think they've made a mistake only clerical errors ? It is printed like for like on their copy and  the copy I sent in. but when I phoned them up The person on the phone was very helpful he got all the information up and agreed with me they have missed it completely them saying she does not fit a criteria when 100% it is printed in the letter. most people would probably walk away At the point of the refusal but we spotted it straight away it's quite Big Error to make to be honest for a child to be quite disabled and not be awarded anything.I think the blue badge is quite strong evidence of that The local authority don't give blue badges out like Smarties if she's been assessed and qualified I think that's quite good grounds to start with don't you.

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    • Posted

      The local authority don't give blue badges out like Smarties if she's been assessed and qualified......

      I agree, not like Smarties, but certainly one is easier to get than DLA or PIP!

      My wife failed miserably to get any award of DLA. She was nearly 65 when she appiled and was told point blank that he mobility issues were monor.

      She didn't bother to appeal but claimed Attendance Allowance instead. The first AA claim also failed miserably. The second claim, submitted only days after the decision of the first when she was 70, gave her the day and nightime rate based entirely on the same evidence sent in with the first and the claim form also was a copy. 

      She then applied for a Blue Badge enclosing a copy of the AA decision notice and after having a walking and mobility assessment, it was granted. 

      According to the DWP her mobility issues are only minor, yet she was given a Blue Badge.

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  • Posted

    Hi Tony/Les,

    In an ideal world it would make sense that if one government or local government arrived at a decision regarding any type of benefit then all other government departments would follow suit. Universal credit may or may not be the answer. On the other hand, as things stand, you get accepted for one type of benefit and refused for another, both with the same documentation, that at least gives claimants some sort of odds at winning!!! With universal credit it will more likely be ,get refused for one and you lose all the others, it really is a minefield that puts terrible stress and worry on the very people who need neither.

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    • Posted

      Although I didn't try this out at the time - wish I had though. The BB application form was submitted along with a copy of the AA decision notice. When she was assessed by the council she was told that it was just a formality as she was clearly disabled by virtue of the AA award.

      Now if I had sent in the first AA/DLA refusal decisions as well would she have had the same result of a BB? I feel that we deceived the council in a way in that only part of the truth was told as they had no knowledge of any previous refusal decisions.

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    • Posted

      Hi les59996.   My blue badge runs for 3 yrs. I aquired it with proof of my PIP, (mobility) award. But like you point out there are other ways to obtain a BB without being granted PIP. My pip award has been stopped 4 months ago, (now in appeal stage) so if my appeal fails, i still get to keep the badge till it expires, April 17. ( but i don"t think i would feel the same and would send it back) Same thing goes with my 50% reduction in road tax.  ta.

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    • Posted

      That is a very good point.

      If as you as you say, you got your BB by virtue of a PIP award then you lost the award, should/do/is it right that you continue to use that BB until the expiry date? Effectively the DWP have said that you don't qualify any longer and you have never had a local authority assessment.

      And again the same for the Road Tax reduction - should you still be getting that despite not having a current PIP award?

      I just don't know, but to be honest it doesn't seem right that you get to carry on regardless as well as running the risk of someone reporting you to the council/DVLA.

      Maybe someone on here has researched this in depth before for themselves?

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