DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

shirlthegirlx

Thank you do much for you reply Thanatos.
Besides my OA and querying other conditions,I also have IBS which my worst times are mornings i.e. frequent toilet visits, however my employer has arranged my hours to suit my condition. This means working short shifts in the afternoon, after my bowel has calmed down and also after my partner has made me some lunch and got me ready for work.
My employers are also allowing me to use the goods lift at work (if I NEED to go up stairs) as long as I either carry a phone with me and/or have someone with me. They have also re-arranged my duties at so that I can work within my capabilities and if for any reason I cannot manage to go into work, then it has been noted on my file that I have an underlying condition.
My other concern is that the DLA feel that OA is not a debilatating condition and because the pains and fatigue is something that people cannot see from the outside, do people think there is nothing wrong with you. Being in constant pain is so frustrating and I go through freqent bouts of being 'down' and upset about losing my independence and at not being able to cope by myself. I apologise for 'blabbering' on
I suppose I am just being concerned and cautious about my forthcoming appeal as it really upsets me to think people see me as not being honest

Thanks again

Shirley

Thanatos wrote: »

I do wish the CAB would stop telling people to put their worst days !!- (read first post in this thread for explaination)

Regarding working - I have touched on this before - its a common mis-conception that working does not affect this benefit. Whilst the principle is correct, a more accurate description would be that earnings do not affect DLA and AA.

Now, whilst working does not have a direct affect, it does raise questions for a DM dependant on what the work is, how many hours, and various other things, like how does the customer get there etc...

So, for example - a customer claims needs equating to higher rate care, meaning frequent attention throughout the day and repeated attention at night... the needs claimed in the day are toiletting, up and down stairs, in out of chairs, medication, and washing/bathing. The customer in question works 9-5 in an office block on the 2nd floor.

The DM will want to know what help is needed at work with the toiletting, in/out of chairs and up/down stairs... so, the customer may have access to a lift at work, so the help with stairs is accepted as they dont have a lift at home... at work they have access to an adapted disablled toilet which they dont have at home, so no problem and so on.... all seems consistent with the claim.

But if the customer has no lift and walks up the stairs at work, have no disabled facility toilet, then why can they manage these things at work, but not at home... this is when questions about the validity of the claimed needs arrise andnormally result in further medical evidence being sought.

So bottom line is, if you have assistance at work, or adaptions to help you, there should be no problem, but if you claim you need help at home but not at work, you may find the DM goes for more evidence. The DM may ask for your permission to approach your boss. It would have the same result by refusing this permission. - It wont mean your claim is disallowed, but it will mean we will probably go out of further medical evidence to confirm your needs.

Hope that helps!

vivachavez1978

wogglemaker wrote: »

Good evening,

I've had Bronchial asthma for15+ years, but over the last 2 it has deteriorated to the extent of having been ill for the last 5 months and in hospital for 5 weeks of that. I've had many episodes of bronchial problems that necessitates time off workover the last few years.

I use a nebuliser between six and ten times a day, along with tablets and inhailers.

My employer is now going down the HR route, and to be honest I cannot blame them. Also I do not feel that I could return to any vacancies available in the company. With the amount of time I've been unable to work over the last year or so, I cannot see anyone employing me

At the moment my quality of life is zero,

Apart from a couple of short periods unemployed, I have never claimed any benefits,

Any advice greatfully recieved, Thank you in advance.w

hey there i have a similiar problem and have had to give up work now and have made quite a few discoveries re claiming DLA.

i would strongly recommend you visit your local CAB/ring the communtiy legal service or your councils welfare rights advisor to help filling out the form.

I didnt know the precise wording to use on the form or that i would be entitled to mobility as ...

c) the ‘exertion required to walk would constitute a danger to
his/her life or would be likely to lead to serious deterioration in
his/her health.

this provision is to cover those with lung conditions !

when i applied for a blue badge the council took this on board and assessed me there and then and approved me,yet because i made a bit of a mess of the form ie not stating i had care needs we are going to have to go to tribunal.

Thanatos

It does sound like your work has made many adaptions to help you out which is a good sign as it means your claimed needs are far more consistant.

When you say OA you mean Osteoarthritis? if you do, i can assure you the department takes it very seriously (I looked back at your other conditions and they are all considered debilitating - depending on their severity of course!;)


One of the very plesant supprises I had on starting work with the department (all those years ago) is the level of respect and seriousness they treat all disabilities.
I confess i was expecting to see less importance placed on things like ADHD and ME - mainly due to my own ignorance of the conditions, but I think the fact they have educated me on these sort of conditions speaks volumes about how the department handles all disabilities.

shirlthegirlx wrote: »

Thank you do much for you reply Thanatos.
Besides my OA and querying other conditions,I also have IBS which my worst times are mornings i.e. frequent toilet visits, however my employer has arranged my hours to suit my condition. This means working short shifts in the afternoon, after my bowel has calmed down and also after my partner has made me some lunch and got me ready for work.
My employers are also allowing me to use the goods lift at work (if I NEED to go up stairs) as long as I either carry a phone with me and/or have someone with me. They have also re-arranged my duties at so that I can work within my capabilities and if for any reason I cannot manage to go into work, then it has been noted on my file that I have an underlying condition.
My other concern is that the DLA feel that OA is not a debilatating condition and because the pains and fatigue is something that people cannot see from the outside, do people think there is nothing wrong with you. Being in constant pain is so frustrating and I go through freqent bouts of being 'down' and upset about losing my independence and at not being able to cope by myself. I apologise for 'blabbering' on
I suppose I am just being concerned and cautious about my forthcoming appeal as it really upsets me to think people see me as not being honest

Thanks again

Shirley

anneliza

Hi Thanatos

I have just applied for a supersession? (I think that is what it is called) I already have Mobility Allowance, but have asked for help with care. Until I saw an Occupational Therapist it had not occurred to me that I could claim DLA Care. My husband retired early to look after me. Will my ignorance count against me? Every year I have received the standard letter from the DWP asking me to report any changes but as my Mobility needs remained unchanged I did not think to re-apply for the Care Allowance part.

The Occupational Therapist pointed out that if he became unable to continue to help me I would have to go into care as I cannot manage my medical conditions myself.(I am only 56).

I think your advice has been invaluable and I think your dedication to this forum is amazing.

anneliza

shirlthegirlx

HI again
Yes, by OA I did mean osteoarthritis. There has not yet been a certain diagnosis made on my other conditions, at the moment I am only being monitored for them. I have had a doctor out to the home to assess me, but unfortunately his report did not seem to reflect what I had said to him.
This is why I am wary of the appeal and not being believed.
His report states that I only have a minor impairment due to the OA, yet my pains and fatigue suggest otherwise!
Now after all that waffle again......I suggest to everyone else that we award you the most humongous pair of white fluffy wings lol.

Thanks again and keep well

Shirley

Thanatos wrote: »

It does sound like your work has made many adaptions to help you out which is a good sign as it means your claimed needs are far more consistant.

When you say OA you mean Osteoarthritis? if you do, i can assure you the department takes it very seriously (I looked back at your other conditions and they are all considered debilitating - depending on their severity of course!;)


One of the very plesant supprises I had on starting work with the department (all those years ago) is the level of respect and seriousness they treat all disabilities.
I confess i was expecting to see less importance placed on things like ADHD and ME - mainly due to my own ignorance of the conditions, but I think the fact they have educated me on these sort of conditions speaks volumes about how the department handles all disabilities.

Elisexxx

Hi Thanatos, i would firstly like to thank you so much for this thread and giving up your time to answer peoples queries.

My son was diagnosed with asd at the age of 3 and is now 6, hes now in mainstream school with a statement of special needs and is currently recieving higher care which is to be renewed next year.
We got turned down for the mobility side because he was under 5 when we claimed which i understand, but i know that you can reapply at the age of 5. I was put off to reapplie for mobility when my son turned 5 because i was told that they could look at all of my sons award and he could have his current award for care removed or changed?
Well i decided to wait untill its renewed next year, my son is very over sensitive to noise and traffic, so when were walking to school and out and about, if a fast car etc goes past he gets upset and needs to be calmed before continueing are journey, he also dosnt like public transport etc (which we have to use due to not driving).

Does this sound like my son might be entitled to lower rate mobility, or do you think that we shouldnt bother?

Its just i find the dla forms stressful enough and dont want to apply for mobility aswell if theres no chance of geting it.

Hope that i have made some sense. Thank you so much.

trekkiemo

Hi I was awarded lrc on renewal ,I was on hrc and hrm I disagreed with award and I went to appeal trbunual .I won my appeal and was awarded hrc and hrm. My question is how long does it take the DLA to start paying me my correct award and backdated money owed?

trekkiemo

trekkiemo wrote: »

Hi I was awarded lrc on renewal ,I was on hrc and hrm I disagreed with award and I went to appeal trbunual .I won my appeal and was awarded hrc and hrm. My question is how long does it take the DLA to start paying me my correct award and backdated money owed?

WOW, Just an update I got letters from DLA today 14 days after tribunual backdated money they owed me paid into my bank by 11/10/08. I thought it would take longer .Well done DLA.

sharon59

L have fibromyalgia,lymphodema in both arms following breast cancer, and a prolapsed disc in my back-just get the gun!!!!I have been on LRC /LRM for a while.Currently my back has wosrened -walking is painful every step and can hardly get about/bend/lift.Also my fibro has seemed to be worse alongside this-which gp told me tonight does happen.Dont want to exploit system in any way but wonder if l might be entitled to MRM at least whilst this so bad-changed and increased meds today by gp/awaiting seeing surgeon although gp feels disc operation may not ease back pain symptoms so not keen for me to go down that route.
would be grateful for your honest advice as dont want to lose current award and also do l ask for a review or ? and does it mean the dreaded pages of forms!
sorry for waffle!no urgrency to reply!
much appreciated your input here

Thanatos

Hi,

Does your ignorance count against you? It depends what you mean, if you mean count against you regarding back dating your claim to when your needs first got worse, sadly yes. So for example if you got worse a year ago but didnt realise you could claim until last month, then it would not be backdated to a year ago I'm afraid...

If you mean will it affect the outcome decision because you waited for a long time before claiming, no that wont be held against you.

I hope it was the latter as its much better news!

anneliza wrote: »

Hi Thanatos

I have just applied for a supersession? (I think that is what it is called) I already have Mobility Allowance, but have asked for help with care. Until I saw an Occupational Therapist it had not occurred to me that I could claim DLA Care. My husband retired early to look after me. Will my ignorance count against me? Every year I have received the standard letter from the DWP asking me to report any changes but as my Mobility needs remained unchanged I did not think to re-apply for the Care Allowance part.

The Occupational Therapist pointed out that if he became unable to continue to help me I would have to go into care as I cannot manage my medical conditions myself.(I am only 56).

I think your advice has been invaluable and I think your dedication to this forum is amazing.

anneliza