The System Has Gone Mad!!

karinelleno

Hi everyone,

I have come on here to pick your brilliant brains and also to vent at the same time!

I really need some advice for my friend. She suffers from depression, M.E, Arthritis, Frozen shoulders and Fibromyalgia.

She was getting DLA until last December when they decided to stop her benefits under an investigation. They has seen her standing up to watch her son's football game with her walking sticks!! She does then spend the next day or 2 in bed recovering from this.

To cut a long story short they have said she is not entitled to DLA anymore and have stopped it completely, she has appealed twice and they still say no despite supporting letters from her GP, and 2 hospital specialists she sees on a regular basis. They did not seek any of her medical staff's advice before making their decision and they also said that she can't be taking the medication that she is taking as it is too higher doseage!! :mad:

If all of that is not bad enough she had her mobility car taken away from her and only has a very tempremental mobility scooter which she uses to take her daughter to school (she is a single parent)

I really want to help her but don't know how to. Is there anything she can do? Are there any grants or anything she can get to assist her in buying a small car to try and get some independence back? She has to rely on people to take her to hospital, doctors, shopping, basically everything.

Sorry everyone, but thanks for reading and I would welcome any suggestions that you have

munchings-n-crunchings

Hello Karin,

I think your friend really needs to get some advice, from an experience benefits advice organisation.

She could contact Welfare Rights, they are part of her county council. They are experienced in all benefits issues.
There is also DIAL http://www.dialuk.info They are a disability advice organisation, often staffed by disabled persons.

If there is any benefits investigation, evidence would be gathered over a period of time, so the decision would not be based on just one event, as that could be a one off example like the football match, but they would have seen her at other times with, in their eyes, improved mobility, to what she had stated on her claim form. If they have video evidence, it's had to refute this. They would not need to have any medical opinion. It's all down to what they see, and what you have put on your claim.

I don't know of any route to get a grant for a car. They are grant giving trusts, that may help with the purchase of a disability scooter. These would be local, so I couldn't suggest anything.
I have frequently seen them being requested and received on Freecycle, so I would recommend that as an option.

I understand what it's like, I have a sister with M.E & Fibromyalgia. On the run up to a DLA renewal, we keep diaries of her condition, days in a wheelchair, better days on a walking frame, days unable to get up, everything relating to her condition.
Firstly so it's accurate, secondly, so it's not over exaggerated, and it gives us something to refer back to.

Get advice would be the best first step

Munchie

dmg24

You say that she has appealed twice - was this a reconsideration plus an appeal, or an appeal plus a second tier appeal on a point of law?

Whilst I am not doubting that her condition is genuine, I would be surprised if anyone that can stand (albeit on sticks) for ninety minutes would qualify for higher rate DLA.

CrystalGecko76

I know what you mean...I have fibromyalgia, Chronic Fatigue, Underactive Thyroid amongst many other problems. My doctor tells me to go out & do something I enjoy & to take up swimming. The thing about that is if I do have the energy to go swimming (which I don't) I would be worried about being "caught out" by the people who pay my incapacity. So regardless of what I should do I can't do due to my conditions and even if I could I would feel that I was breaking some law...it all leaves me feeling rather depressed! I am sure there is somewhere you can get advice & appeal the decision. I would like to know where in case I need it in the future...

woody01

If she can stand to watch a whole football match then it looks as though the decison to take the benefits away was a correct one.

Trialia

Thing is, the OP didn't state whether the friend was standing up part of the time and part not, or whether it was for the whole match.

If it were me - and I have FMS among my several major conditions - I would not be able to do that. I can't stand still in one place for longer than 10 minutes at a time. If she can do that for 90 minutes... well, I'm envious, for sure.

Bryando

This is what I worry about re DLA. To the point I'm on the verge of pulling my DLA.

I get hight rate care. Yet for a month or two been fine. Feel as if I go out myself for a walk, I shall be hauled up in front of court and face the jail!

Even the decision letter worries me. The part it says I'm not aware of common dangers etc! NOT all the time. Feel DLA is a jail

sandy71

The football thing does depend on how old her son is. My youngest sons matches last 20 mins in total with half time after 10mins and my oldest plays for 30 mins total.
I suppose it depends on what she put on her application form in the first place, if she said she can't stand for any length of time then the decision was right.

Bryando

How do I get a copy of my DLA file? Will it cost.

Indie_Kid

Bryando wrote: »

This is what I worry about re DLA. To the point I'm on the verge of pulling my DLA.

I get hight rate care. Yet for a month or two been fine. Feel as if I go out myself for a walk, I shall be hauled up in front of court and face the jail!

Even the decision letter worries me. The part it says I'm not aware of common dangers etc! NOT all the time. Feel DLA is a jail

The form is meant to be filled in on an average day, and I'm sure they understand that people do have better and worse days. Although they might be suspicious if you claim "I am virtually unable to walk"; but are seen running a marathon.

Even I struggle to stand for that long and I don't qualify for HRM.

[Deleted User]

Bryando wrote: »

This is what I worry about re DLA. To the point I'm on the verge of pulling my DLA.

I get hight rate care. Yet for a month or two been fine. Feel as if I go out myself for a walk, I shall be hauled up in front of court and face the jail!

Even the decision letter worries me. The part it says I'm not aware of common dangers etc! NOT all the time. Feel DLA is a jail

Your situation is different and the DLA people know that. You have a fluctuating condition that can be very very bad to pretty good depending on the person, the medication being taken to control it, other stresses and lots of other stuff.

My award says I am not aware of common dangers yet I am, I work, I go everywhere alone, keep a house etc but for those moments during and just after a seizure I am a danger to myself and not aware of anything around me because of it. The DLA people know this is not constant, that it fluctuates.

Your situation is similar, swings and roundabouts. Just because you have high rate does not mean you should be bed ridden and never do anything. If you are able you are allowed to do things alone or that exert you. Not like you told tham you are wheelchair bound and now you are playing football.

Please dont worry about this and dont drop your DLA. Speak to your partner, GP or CPN about this and they will say the same things I am.