Esa and Dla

lyndac40 · 9 February 2010 at 2:54AM

Hi everyone,

I have posted on the benefits section of MSE and came across this one today.

I have a very long winded story but I will cut it short. I have had a hip problem for over a year. I have been seeing an orthopedic surgeon since last January. He recommended I have a Total Hip Repalcement done. I was sent to a private hospital to have this done but the surgeon there refused to do this because at the time I was only 43. I have now been back and forward to see umpteen doctors. Without any surgery being done so far.
I have sever pain in my right hip and I am unable to walk very far. I can no longer stand at the cooker to cook meals my dear hubby has taken on the roll as cook as well as cleaner and the school walk as I am unable to do any of these things anymore.
I have had an Ocupational Health assesment done and now have all sorts of gatgets around the house to help me go about my everyday life like showering and going up and down the satirs.
I have to go back and see the Orthopedic Doctor on the 25th and hopefully he will then decide what is the happen with my hip. This means I will have to go on yet another NHS 12 week waiting list then another 16 weeks recovery.
I have been of sick from my job for 28 weeks and my employer has now stopped paying me SSP. They are also in the process of paying me off due to ill health.
I have applied for Esa and I now want to know if I would or could be intitled to claim Dla.

Thank you for any advice in advance.

Lynda x

Oscar_The_Grouch · 9 February 2010 at 9:00AM

Hi there

I have issues walking too - was involved in car accident.

DLA is about the care and assistance you need. You mention that Hubby does your cooking now - this is actually one of the things they ask about on the DLA form!!

I keep banging on about it, but the DLA form is available to complete on your PC (so that you can do it in 2 or 3 sessions without losing everthing and go back to make corrections/changes without tip-ex).

Here's the link:

http://www.dwp.gov.uk/advisers/claimforms/dla1a_adult.pdf

It saves as a PDF file, so you need Adobe Reader to use it (click here and look on the right hand side below all the "pay" options) but it's free and probably already on your pc.

Also, your employer should not be letting you go on the grounds of your disability; they should be doing everthing in their power to get you back to work! I'd be seeking legal advice if I were you - even if you want to leave the job, they need to be negotiating a rather large payout to get you to "go quietly". Have a look at this on the Direct.gov site:

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071

[Deleted User] · 9 February 2010 at 10:48PM

If you apply for DLA you have to be certain that you will have care and or mobility needs for at least the next 6 months,they may take the decision that you will be receiving treatment well before then and not allow the claim(i`ve known that happen with hips before)but no harm in applying

Molly41 · 10 February 2010 at 8:41AM

Your employers can dismiss you on the grounds of ill health but need to ensure that they follow the correct procedures. If you have union representation then use it. I know this because Im in the throes of being dismissed or retired on ill health - don't know which one yet !

lyndac40 · 10 February 2010 at 2:40PM

Hi thank you everyone for your advice.

Oscar the grouch thank you. I have looked at the online form It just seen so complicated to fill asking how long do you need help doing certain thing should I be timeing everything I have to do ie showering getting in and out of bed going up and down the stairs.
Woodbine thank you. Would the six months I have been off my work be included in the six months you are talking about. The reason I have waited so long to get this op done I found out on Monday is because I have been Misdiagnosed. If the surgeon had bothered to look at an MRI I had done by another Surgeon in June of last year he would have found out then what was wrong with me and I could have had my op and been back at work by now.
Molly41 Thank you. I have be getting advice from a Disabelment emplyoment advisor from the local Job centre plus abouts this. My employer has to be seen to be trying to get me back to work by making things easier for me. I have suggested either spreading my hours out or even cutting my hours down. When I suggested this he did not seem interested in what I had to say hence the reason for the DEA. He keeps going on about the needs of the company. I really dont know at this moment in time if I could even go back to work because I can I have one good day out of a whole week. My emlpoyer has sent me to see their own Independent Doctor who said he cant see me being back at any time in the near future and he also said the Disabled Discrimantion Act would come into force. What ever that means.

Thankyou for any advice given so far.

Lynda x

[Deleted User] · 10 February 2010 at 10:47PM

you have to have needed the help for the last 3 months at least and expect to need it for the next 6 months
if there has been medical negligence couldnt you sue??

lyndac40 · 11 February 2010 at 12:15AM

Hi woodbine thank you,
I am certainly going to to look into it I am going back to see my surgeon on the 25th Feb so I will see what he has to say then. I maybe should have applied for dla when I first went off work sick.
Thank you for your help anyway.

Lynda x

Esa and Dla

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