In law told fit for work now worried about her mobility/DLA

justinbarrow
justinbarrow Member Posts: 338
edited 11. Jan 2010, 12:20 in Living with Arthritis archive
My mother in law was called in for a medical with a firm called Atos and her Doctor signed her off for 12 months and still had 7 months of this to run but the doctor found her capable of work, she is now in the process of apealing but is now worried about her mobility allowence where she gets the high rate and has been awarded this for an indefinate period and also had a review on this just 2 years ago where she was re-assessed for her mobility and was told it would continue to be an indefinate award and everything is being paid correctly.

Now because she has failed this latest medical she is worried about her mobility allowence being taken away and also her mobility car. Is this likley to happen as I thought that mobility/dla was not means tested.

She is also in receipt of severe disablement allowence aswell and has been getting this for about 19 years so cant understand why she would of been called for a medical as she is suffering quite bad and is aged 58.

If anyone can help with her worries about her mobility car/allowence being stopped this would be apriciated.

Thanks.

Comments

  • clairy
    clairy Member Posts: 29
    edited 30. Nov -0001, 00:00
    Hi,

    I'm not an expert on the subject, but i get high rate mobility DLA and have a motability car and still work. My award was made while i was working and they still gave me it. I don't think being able to work or not matters as it is about how mobile you are.

    I'm sure someone with a bit more experiance will be along soon. It may also be worth call your local welfare rights team or CAB.
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -0001, 00:00
    Hi,
    I get high rate mobility and low rate care components of DLA...and work full time. Tell your mum not to worry! DLA is not means tested and the ATOS assessment shouldn't make any difference.

    If still in doubt phone CAB.

    Good luck with the appeal too!!
    iris x
  • livinglegend
    livinglegend Member Posts: 1,425
    edited 30. Nov -0001, 00:00
    Is this likley to happen as I thought that mobility/dla was not means tested.
    Thanks.

    Being 'means tested' means that your financial circumstances, such as savings and income are taken into account, rather than how fit or otherwise you are.

    DLA is not means-tested, so it doesn't matter if your income or savings are high. And it is non-contributory, which means that you do not need to have made National Insurance contributions in order to be entitled to it.
    http://www.rnid.org.uk/helpdesk/frequently_asked_questions/benefits_and_rights/non_means_tested_benefits/

    Reading your post, it sounds like they are just trying it on. As others have said, go to your local CAB and get advice.

    Joseph 8)
    Josephm0310.gif
  • woodbon
    woodbon Member Posts: 4,969
    edited 30. Nov -0001, 00:00
    Hello, DLA is not affected by whether you work or not, in fact a lot of disabled people use the money to help them afford things that make work easier. Like some help with housework or travel cost, things like that. Love Sue
  • jenzie06
    jenzie06 Member Posts: 708
    edited 30. Nov -0001, 00:00
    Hiya
    I'm in a similar position to your mum. I get the high rate mobility and have failed the atos medical (I think only about 16% of applications get through initially), I've appealed and been turned down again so the next step is the tribunal, which is a daunting prospect!
    I'm currently reapplying for a change in circumstances for DLA and you have to write if you have had a medical for any other benefit. I was worried that the atos medical would affect it.
    I've been getting DLA for over 10yrs and the condition has steadily got worse so I'm hoping they realise that the medical was a load of rubbish.
    My husband reminded me that I could work full time when he was dressing me and I was sobbing on his shoulder because I was in so much pain. It made me laugh!!
  • justinbarrow
    justinbarrow Member Posts: 338
    edited 30. Nov -0001, 00:00
    Thanks for the help, so does she need to tell the dla people that she failed this atos medical or will the dwp pass the infomation onto them, she is in the process of appealling it.

    Its crazy and now she is worried sick now, thanks again.