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Disability Living Allowance

Posted: Mon Jun 13, 2011 1:37 am
by calluna
Just wondering if there is anyone here who has qualified for DLA?

My husband and I applied about 18 months ago and we were both turned down flat, looking through some advice sites online this evening it seems that we answered many of the questions incorrectly, ie walking done whilst in severe pain does not count. The example given was that if you can walk 100metres but the last 80 you are in severe pain, then the distance you can walk should be put as 20 metres. As you will not be surprised to hear, I can't walk any metres at all without pain, and nor can my husband.

I have now had more than two years of being unable to work due to PN and the problems I had preceding it, for my husband it has been longer, and no benefits at all, living off our (ever-diminishing) savings - I think I am going to give DLA another shot.

How easy/difficult others have found this process? - any advice would be greatly appreciated.

Re: Disability Living Allowance

Posted: Mon Jun 13, 2011 1:43 am
by Lernica
Calluna,

Would it be possible for you to obtain some advice/assistance with filing an appeal from a disability rights group or legal clinic or lawyer? My experience with disability claims is that they are almost ALWAYS rejected the first time around -- it's almost like a knee-jerk reaction among insurers. Once you file a serious appeal your chances of success are greater. But please do find someone with experience in filing them.

Best of luck.

Re: Disability Living Allowance

Posted: Mon Jun 13, 2011 3:51 pm
by calluna
Hello Lernica!

I am going to see if the Independent Living Centre can help me, they have a benefits advice service. It is actually not anything to do with insurance, it is from the Social Services. I don't have any private medical insurance at all, most people in the UK do not. But it does appear that filling in the DLA form correctly can make all the difference.

Re: Disability Living Allowance

Posted: Mon Jun 13, 2011 4:03 pm
by Kath
Calluna,

Would the citizens advice beureu help here? I know of someone with a different ailment who was turned down with zero points and then I'm sure went to CAB and got someone to help them put a case together for the tribunal and was then awarded DLA which of course was backdated.

Just a thought.

The system baffles me, you can be unable to work but still not qualify for state help. It's so wrong.

Kath

Re: Disability Living Allowance

Posted: Mon Jun 13, 2011 8:22 pm
by calluna
I think I am going to try the Benefits Advice first at the ILC, they have been very helpful to me regarding carer support already and apparently this lady spends her whole time helping people with these forms. I have heard backdating mentioned but I don't think I can hope for that, it is 18 months now.

When we were rejected, we just thought - oh well - and threw it in the bin. There was a lot of other stuff going on at the time and we were a bit busy. That sounds a bit flippant - what it was, I care for my son who was in a car accident on his gap year, he was brain injured and now has mental health problems.

So has anyone actually managed to get DLA?

Re: Disability Living Allowance

Posted: Tue Jun 14, 2011 1:21 am
by Lernica
Calluna,

I'm so sorry to hear about your son's accident (and his subsequent mental health issues). I hope that he has a good psychiatrist and that things are looking up for him. Mental pain can actually be much harder to take than physical pain.

Your appeal is very important to your financial security so please make sure you get the best advice you can and give it your best shot. Maybe you should get HerMajesty on your case -- she's a bulldog! :D

All the best.

Re: Disability Living Allowance

Posted: Tue Jun 14, 2011 12:35 pm
by helenlegs 11
Hi Calluna,
Applying for any benifits in England is shocking now. It may have been too easy to get in the system in the past but they have done a complete u turn making it so difficult to being practically impossible, especially so if your problem is not visable.
I am in a similar situation except I am doing them all :) Industrial injuries, emplyment support and DLA. I didn't give up and have a file as thick as me (brain and girth -4lbs tho, he he!)
The forum I have seen that is good is http://www.benefitsandwork.co.uk/home Their fact sheets are very informative. This is the only way you will find the correct info (from site like this anyway) as the benifit system is deliberately misleading so, as you have found, the deserving don't get a thing.
I am to have a tribunal on 4th July (hope it's glorious) where I have to sit in front of a panel, a judge (solicitor really) and a doctor (who won't have a clue). I have to call them SIR unless stated otherwise. (shakes head)
I will have to pile it on a bit because they are my only chance of some sustained income because my husband works, I have been classed as a housewife, I guffawed.
You have to play the system because they are masters now at playing us.
I went into it all with the mistaken idea that I should try and state that I am a tough, not a benifit culture type but in pain and unable to work. They couldn't have cared less. The system makes it deliberately difficult, like with the walking thing, they have rules but then don't say what they are. Alowing you no benchmark to understand.
Becuase you are seeing Dr G now and have his reports and your forthcoming surgery should make it that bit easier now. I would re apply and not give up on retrospective payments either as you can prove(ish) that the onset of this latest health problem was due to your op on a certain date.
I would gather all of your info including GP reports and catalogue them first of all (any mental issues, antidepressants too) Then complete the form again, using the tips the Benifits site gives. Send your catalogued report copies and covering letter as well.
It will be a battle but I will help in any way I can.
I seem to be fighting the world at the moment. Had an assessment for my Mam (northern :) ) yesterday for NHS continuing care. She was awarded it last year when living at home ( she has late, but not yet last, stage Alzheimers) and moved into a nursing dementia care home in April.
It will be withdrawn, I know it. So it's going to cost a fortune but I will battle that one too. I feel a bit war torn at the moment and need to rally round for the 4th.
I am also supposed to be organising a fund raising musical evening of our local Rehab uk/ brain injury rehabilitation too btw (called Momentum up here) with a view to helping finance various job schemes to facilitate confidence, skills and generate extra income for brain injured people. I WILL start this evening, I haven't had the heart to be honest, (hate being a misery(not me, at all) but they kick you down into it sometimes) Your post has given ME the kick I needed.
Onwards and most definitely upwards, dodging the blows with dogged determination rather than alacrity :)
Wishing you the best,
Helen

Re: Disability Living Allowance

Posted: Tue Jun 14, 2011 3:57 pm
by calluna
Thankyou Helen, that has given me renewed hope!

I shall see what I have got with regard to reports - I have kept all medical correspondence since this whole thing started, and I shall start over again from the beginning. I shall download the forms and fill them in by myself initially, I shall have a good read of that site - thankyou! - and I shall see the benefits advisor at the ILC. I shall give it my very best. I know that I do deserve to have this benefit.

I have just been through the same battle with regard to Continuing Care, my mum has developed vascular dementia (very suddenly) and cannot do anything for herself now, basically she is bedridden. She has been denied Continuing Care - and is now in a nursing home at huge expense. We are sharing the cost with my siblings, and now we are all very broke! - but it is worth it for peace of mind, we know that she is being well cared for, the home is a good one.

We were told categorically that the only time, without exception, that Continuing Care was paid is if the patient has a PEG feeding tube. My mum is physically able to swallow but she needs to either be fed by someone else or to be continually prompted, if left to her own devices she does not eat or drink. In hospital she lost a lot of weight very fast despite the best efforts of the nurses, more than 5 pounds a week over 6 weeks.... So maybe that is useful for you to know, about the PEG tube. I think that this cannot have been the original intention of the legislators, surely. Oh and they have also denied any NHS contribution with regard to nursing care - this is really daft as all her care is nursing care, it is the only thing she needs. No justification given..... sigh.

I do hope that your tribunal goes well. Please keep us all posted!

Re: Disability Living Allowance

Posted: Sat Jun 18, 2011 10:33 pm
by Violet M
helenlegs 11 wrote: I am to have a tribunal on 4th July (hope it's glorious) where I have to sit in front of a panel, a judge (solicitor really) and a doctor (who won't have a clue). I have to call them SIR unless stated otherwise. (shakes head)
I will have to pile it on a bit because they are my only chance of some sustained income because my husband works, I have been classed as a housewife, I guffawed.

Helen
Helen, I think you should lie down for this -- that is if sitting is a problem for you. Let them know what your real world is like and don't try to tough it out by sitting. If you have to, have someone bring a portable cot or lounger for you. :shock:

Re: Disability Living Allowance

Posted: Sun Jun 19, 2011 10:45 am
by helenlegs 11
I know what you mean Violet, I may have to wait around for some time as each tribunal can run on so I'm not looking forward to the 'physical' side of it. I am VERY much looking forward to the actual tribunal now though, just so that I can tell it like it is.
I have some underarm crutches that I use sometimes, which are great to 'hang' off but get a bit much if used a lot. I also do a lot of backwards in chair kneeling, I will shuffle about on my best cheek and the do the lying down when it all gets too much as there are 2 tribunals one after the other for the 4th. Both relate to exactly the same medical info however so can't see the second one lasting very long.
A benefit forum did advise not to re-enact your worst day in case your discovered doing something ably at a later date, but they would have to push me in on a trolley, looking 100 (that's what my lovely husband tells me I look like when I have overdone it :) )
The trouble is I'm happy it's happening after 3 + years, so am maybe looking forward to it too much and my natural demeanour is up beat (always glass half full) I may apply for my equity card after it if my performance is up to scratch, :) This is SO important.