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Blue Badge discretionary rules **SORTED**


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I know if you are on DLA higher rate you automaticallty qualify for a blue badge, but if not you can still get one under discretionary rules, which basically means you either cant walk or cant walk far without severe discomfort.

It seems to me that pain is subjective, one persons pain threshold would be different to another persons.

So realistically how far would you be limited to walking before getting pain to qualify for a badge?

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The above is not quite right, you have to be on the higher rate of mobility to get a BB, the higher rate of care doesn't qualify you.

 

There is no answer to your question, any more that it is possible to define a threshold for pain, lack of mobility. Each council will have their own guidelines, no doubt, and how generous or understanding will probably depend on what budget they have set aside.

 

Cynical, moi? :rolleyes:

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Thanks for the reply.

I think I must have asked the question wrong, I know is high rate for mobility.

I came off DLA by choice but have had a blue badge for 10 years, having recently moved house the council which deals with my application has also changed. They are being difficult having rejected my application for a renewal because I dont claim DLA, so I have an appointment with my hospital for a stroll on the treadmill. This seems a little silly as I could walk 10 meters and say it hurts too much, how could they tell otherwise as only I know how much it hurts.

They rejected my renewal without even looking into my condition, I had the refusal within 3 days of sending off my application so they clearly made no enquiries. So I have made a fuss and got my OT involved, she knows my condition already but the council have told her to do a report on how I do on the treadmill.

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Then get on the treadmill with great difficulty, take 5 steps and say you can't do more than that. Get your OT to confirm that more than that would cause you too much discomfort. (Tip: "pain" is manageable by painkillers, whereas "discomfort" is not and is therefore a keyword for awards, so always use the word "discomfort" etc...)

 

Maybe you should try re-applying for DLA, or is that not an option?

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Discomfort.....got it....thanks ;-)

 

I stopped claiming the DLA because I started working, I drive so that is not affected by my dissability, I chose to come off DLA because Im quite young and was going crazy sitting around doing nothing, they withdrew DLA when I started work.

 

It all seems a bit silly going on a treadmill, I thought all I have to do is tell them it hurts after a short stroll. Its just the council being pedantic. They rejected me initially, I had to cause a fuss to get this far, I would have thought they would have asked for me to do this anyway as a matter of course. Not claiming DLA does not mean I am not disabled so should still be entitled to a badge as walking is difficult.

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I am not disagreeing, trust me!

 

I have a child with Asperger's Syndrome, he gets higher rate for care, but lower rate for mobility, as do most autistic claimants, depsite the fact that when in meltdown, he would roll in a ball in the middle of a busy street and would not move no matter what, and has to be physically picked up and removed, but apparently, that doesn't count! :rolleyes: My local council wouldn't even look at him, so I do know what you mean. :-|

 

More to the point, I find it incredible that they just stopped your DLA because you decided to work, and maybe you should consider re-applying (or appealing, depending how long it's been since they stopped it?)

 

Have a read here:

aidsmap.com | Disability Living Allowance

 

To paraphrase you, because you work doesn't mean you're not disabled, what kind of BS logic is that? Seems to me that the worst for disability discrimination are the people who deal with disability benefits. :mad:

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I think when I go on the tread mill I may as well lay it on a bit thick and swing it, that seems to be what they are encouraging me to do. Like your child, sometimes Im fine, but sometimes cant get out of bed.

 

Do you think I can still claim DLA even though Im working???

 

I remember ringing up to tell them im starting work and still want to claim and the bloke on the phone was shocked that i thought i could!!!

However the man who blocked my badge application at the council was adamant that I could.

I have had both hips replaced so its only me who knows how much it hurts. DLA was stopped approx 7 years ago.

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7 YEARS? Definitely apply again. Have you followed the link I gave you? It very much confirms what I said, DLA is not means-tested.

 

I mean, think of it: someone permanently in a wheelchair will get DLA, right, does that stop them from working? Or someone blind, deaf, etc... By that logic, Stephen Hawkins shouldn't be doing any work either!

 

Disabled, not dead, for crying out loud. :mad:

 

I'd say definitely apply again, and holler if you need help with that.

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Just to confirm what bookie said, you can still get DLA if you are working. You may not get it all at the higher rate, but if you need any care and/or have any mobility problems you should be entitled to DLA even if you work. I worked full time for over a year before becoming unemployed and still received it. I still get it now, though I only work part time due to having kids.

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as far as you can at your normal pace stopping the minute you feel any discomfort. I might be missing it but I can't see what your mobility problem is? If it's something that's known to flare up and you happen to have a good day tomorrow then rather than "laying it on thick" which might look unrealistic and so prompt feedback that you're putting it on and not disabled at all just tell them, I'm having a good day usually i can hardly make it out my gate/make it to the corner shop etc.

 

Believe me if this shower think for one minute that you're acting it they will reject your claim and it will be the appeals process followed by the tribunal.

 

Good luck with tomorrow, let us know how it went.

 

oops sorry, just saw you're going for blue badge not DLA or incapacity! councils can be horrible, imagine a hospital test for this!

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Oh and I'm on middle care yet I work part time and study full time. That doesn't stop me needing walked to work, accompanied across the road, someone to cook for me, someone to watch me in the bath (not actually sit and stare at me lol) etc.

 

Having a disability doesn't make you a write off it can actually entitle you to disabled element of tax credits (which you need DLA to claim which confirms you can have DLA and work).

 

Again, good luck!

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Thanks for all your comments.

My mobility problem is exactly what the discretionary rules say, that if I didnt have the badge I would have difficulty visiting shops etc.

Some days I could walk probably quite far, another day not very far at all. When Ive had enough, I am stiff as a board because of lower back pain and wouldnt be able to drive as my legs seize up. I would think my pain threshold is high, Im quite determined and would keep going till I dropped! That is where the problem is, some people would stop a long time before that, so where should I draw the line?

 

Im not really interested in claiming the DLA I just want my badge renewing. Its my own OT at my hospital Im going to see, and she is sympathetic with me and assisting my claim for the badge renewal. Its the bloomin council thats insisting upon making me jump through hoops. She contacted the council on my behalf and they have asked her to do this with me. They turned me down flat without even looking at my history, now she is involved they want some form filling in.

Im not [causing problems] this, it is genuine, but its very true what was said about good days. If I have a good day they will probably think that theres nothing wrong with me. If its a bad day then I probably wont make it to the treadmill to be assessed.

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well your own OT should be supportive and might already have the form filled out when you get there! (apparently it happens).

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Well that was fun.........NOT!

 

I got to the hospital, met my OT and we went up to the gym, by which time I was shattered, she sat me down and when I was ready got me on the treadmill.

Then after having explained what I needed to do, started walking. She said tell me when it starts to hurt to which I replied that it already was, so we stopped. Total distance........50.75 meters.

I must have looked bad because she sat me down and proceeded to fetch me cups of water. We had to go back to the clinic and I told her I would make it despite saying I should use a chair and she would call a porter.

I declined, and after about half an hour, we had a steady wobble back, I

said I would do it if it killed me, they want to know what happens when I walk so I would show them.

Then it started, I must have looked bad at this point.

She called a nurse to do my obs after lying me down, I had pulse, blood pressure and god knows what else checked, I was hyper ventilating. After it all clamed down after about 30mins she said she would write to the council saying I was eligible for DLA and brought my next clinic appointment forward.

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Oh starsky

 

Slow down hunny

 

The idea of OT is for you to do what is actually manageable. I went through OT a few a years ago, and pushed myself to the limit, suffering terribly for it afterwards each time.

 

You need to pace you self and be realistic about what you can actually do as opposed to what you want to do.

 

I receive lower level disability living allowance on which I am currently appealing but under discretionary rules I have and am entitled to a blue badge.

 

The rulings have tightened recently but I got my new one with no problem.

 

As from what I have read your disability levels vary from day to day, when filling in forms you need to put what you can do on a "bad day" not the best day of the week and I get the impression you are tending to detail your activity at your best. Dont worry this is quite normal and is part of the transition and acceptance between what you used to be able to do and what you can actually do.

 

Distinguishing between the two is very difficult and you have to be very honest with yourself - and i can assure you - that bit is very hard to do.

 

So good luck and I am here for you xxxxxx

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I am just annoyed that the council are making me jump through hoops to get this. According to their rules, when someone applies under discretionary rules, they are supposed to look into it through their records etc, but they didnt do anything other than reject me. If they dont grant my badge after fridays episode then they never will. I didnt mean for any of that to happen, it just did, because I did too much.

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  • 2 months later...

Hi,

 

i just wanted to ask a question regarding DLA and BB.

 

Bookworm you said

you have to be on the higher rate of mobility to get a BB,
are you saying that you need to be on DLA to get BB ect.

 

My husband has a BB and also a disabled bay out side of our house for him ,but he is not entitled to DLA.

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No, as OP clearly showed, you don't have to be on DLA to get a BB, but if you're applying on the basis of having DLA, then you need to have the high rate mobility element. High rate of care and low care of mobility won't do it.

 

Hope this clarifies things. :-)

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  • 3 months later...

Hi

 

You can get a blue badge without DLA higher rate , If you look at the application forms for a badge ,you should see it states you may be eligible for one , or look up on internet "blue badge" etc you should find the info about somewhere, I applied for one and stated on the form my medical conditions etc, , I waited a week or two then phoned them up asking if I had been granted one, and they said yes i had and that it was in the post, it came thro the letter box before I even put the phone down ,hows that for timing,

 

Apparentley they ask your doctor to fill in a form like dla, and he stated i needed a blue badge.

 

Two weeks later I went for A EMP medical examination at DLA offices,

 

two weeks later I had my dla awarde low care , high motobility.and backdated too. great , so get in touch with badge people .

 

Dozy

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