Lucydog, on Mar 27 2008, 01:22 PM, said:
Hi
Can anyone give me an idea on the essential differences between Lower care rate and middle care rate?
Reason being I only get lower rate right now although my OT thinks I should easily get middle rate since having the last baby. What should I be emphasising care wise?
cheers
L
Hi L,
I used the advice on the following
http://www.bhas.org....la_guides.shtml to guide me roughly in regards to what to write and how much to emphasize. At the moment this guide appears to be "down" but I am listing it anyway as it may be back up again by the time you read this. Although I had the correct award, it was originally awarded to me for 2 years even though I am not going to get 'better'. I now have an indefinite award (long term, unless, it says, they pick me " to look into" as they do from time to time, eye roll!) This was just before the new forms came out though...although I am sure the principle is still the same.
Another such site is
http://www.benefitsn...ly/dlaapply.asp it has advice on what to put on the forms ( ie how to word it). Again, I am not sure how up to date it is with regards to the new style forms, but that should just affect the set up and not the stuff your write down for each bit.
The page specifically about "care" is here:
CLICK The person looking at your form has a check list and a 'dsiability handbook' ( found
HERE with a guided copy,
HERE
The DWP defines the CARE categories as follows:
• Care: provided at 3 rates
-Lower: for those who need attention or supervision for a
significant proportion of the day or who are unable to plan and
prepare a cooked main meal.
-Middle: for those who need frequent attention or supervision
throughout the day or repeated and prolonged attention
throughout the night or watching over at night.
-Higher: needs help throughout day and night. or people who satisfy both a day-time and a night-time condition which apply to the middle rate.
Please also see
HERE for further explanation from the DWP on what they consider/what it means.
The key is the number and duration of "interventions" *needed* throughout the day and night, not the actual help given. Also, be sure to write out in full each factor. Yes it becomes very waring, but I truly believe that spelling everything out literally, is the answer. If like me, you need to change position frequently through the night and have to get out of bed and back into bed then detail that and how long it takes and how many times. Say *why* you have to do this. In my situation, when I can/do go to bed, I have to do this as rolling even passively would dislocate my hips and shoulders and would heighten my pain etc. So I write that. So write what is applicable. The details help to convince them.
I always tried to keep it in my mind that the booklet would be read by many people, so even if it had been covered in a prior section, I would mention factors where appropriate. I didn't use just the boxes but several sheets of paper ( I typed mine due to the tendon issues etc, I asked for prior 'permission' to do so),.
In my situation, I also wrote, and had medical backing (letters etc) that *ideally* I required someone with me for huge chunks of the day due to the frequent and debilitating nature of my dislocations and pain. I pointed out that often I would dislocate whilst carrying out a task etc. I also pointed out that I need someone there whilst showering etc, due to the potential to dislocate or slip due to the paralysis (when transferring).
Another example is to include the "care" aspect into each question and section. For example in the "preparing a meal" section, I was sure to mention that I ideally needed help with peeling and chopping vegetables. This was due to my tendon and nerve damage in my hands and the dislocations which have caused them. I also put that my husband works long hours so it is not always possible for him to do this, and work. In actuality I often buy pre chopped vegetables! I also documented that the Care component could be used to buy prechopped vegetables, or to pay for help with this.
Another eg along the same line and which highlights writing down each little thing: I also wrote how it is difficult nigh on impossible to carry a tray of *hot* food into the dining room from the kitchen without spilling it - and then causing burns etc. This is due to my tendon/nerve dislocations in my arms but also due to using a wheelchair - my arms being tied up so to speak... I stated that I could use a flask for soups, but this would be difficult for me to open etc. By approaching the questions like this it explains why certain solutions are not helpful and justifies DLA levels. Sounds silly, but each and every little point you make needs to be justified and explained,.
With regards to advice, I have known people who used the CAB etc too, but I personally think their success depends on their knowledge of your 'disability'/impairment and how effectively they can communicate it. I suppose that I am lucky in some ways b/c being a RN meant I had an idea of what they wanted to see on the forms and how to write it.
I also included by Specialists past letters and asked my Gp to fill in the section alloted in the claim form. Here he mentioned that I required many interventions of my "ADL's". They DWP also asked for a further report from my GP and report from my Specialist(s) this time. It was stressful at the rime, but it has resulted in an indefinite award. My understanding was that it wasn't my paralysis which led to this (as the handbook states that straightforward paralysis doesn't have many CARE needs/interventions of others!!) but the complications of it and my multiple dislocations.
Also, how long is it since the award? Are you looking to Appeal or for a review? If my memory serves me you have a very limited amount of time to appeal against the award but can ask them to review it at any time. Also, be aware that there is a risk that they will lower your award (thats what they say) but clearly if you are receiving the incorrect Care level you need and deserve to look into it.
If there is anything I have written which you wish me to clarify, please let me know.
I hope this helps,
Take care,
K
0
Top
