The System Has Gone Mad!!

For_Keeps

I know of a company called Shaw Trust and they deal with helping people on disability back to work. The advice that was given is you can work while on DLA. There is a woman who works there thats on DLA (mobility) and she's up and down the office. There are people that get DLA (mobility) that can still work, so I don't understand what the problem is with some people saying the decision is correct to stop her DLA because she stood up to watch a football match. The only thing could be there is more to it than your friend is telling you

Bryando

Its just me. A know. Just feel at times. Why do I get this am ok. Then a feel bad, guilty. I went to a community meeting last mont. 2 hours. Felt so dam good, doing something I wanted. Walking home, weird felt like a normal 24 year old! However days after it I was in A&E getting assessed as I felt I could pose a danger to my partner.

When I read things re DLA I well get the ''shakes'' for a better word.

A know I might go on re DLA, but I just panic. One thing is for sure, this forum has helped me greatly.

starchild1972

Point of fact, yes you can walk/stand and still be entitled to HRM, HRM can be paid when doing the above can cause, within 24hrs a decline in health. e.g. I could walk down the road perfectly well today, but be bed-bound for the next week. That still entitles to HRM.

R(DLA)4/03 (Formerly CSDLA/667/2002) follows R(DLA)4/98 and says that the stage at which pain amounts to severe discomfort is left to the judgement of the tribunal. See also CSDLA/252/1994. Tribunals should take into account discomfort that arise from a subsequent bout of walking following a period of rest. CDLA/608/1994 considers cases where the effects of the discomfort do not set in until later. CM/267/1993 considers that discomfort does not necessarily become severe at the point at which the claimant is forced to stop walking. He or she may be in severe discomfort whilst walking. See also CM/166/1988 and CM/87/1989. CDLA/3896/2006 states that the tribunal should consider both the discomfort during walking and any discomfort incurred as a result of walking that occurs after the walking has ceased.

HRM should be done on walking not standing.

dmg24

For_Keeps wrote: »

I know of a company called Shaw Trust and they deal with helping people on disability back to work. The advice that was given is you can work while on DLA. There is a woman who works there thats on DLA (mobility) and she's up and down the office. There are people that get DLA (mobility) that can still work, so I don't understand what the problem is with some people saying the decision is correct to stop her DLA because she stood up to watch a football match. The only thing could be there is more to it than your friend is telling you

Many people on LRM appear quite normal and fit and healthy, however the criteria for HRM is incredibly stringent and is really only for those who are barely able to walk and usually (though not always) claimants are wheelchair bound. I am surprised that the OP's friend does not meet the criteria for LRM, but not at all surprised that she has had her claim for HRM stopped.

The criteria for HRM is as follows:

• you are unable or virtually unable to walk, or you have no feet or legs
• you are assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and you need someone with you when you are out of doors
• you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component
• the effort of walking could threaten your life or seriously affect your health

code-a-holic

Im another that feels very guilty for walking! I feel fraudulant, but although i look to be walking normally now and again, i constantly am feeling a deep burning stabbing pain in my pelvis and right hip which then spread up my back until my neck goes numb. But visually - i may look like every other joe bloggs.... but i have to walk - i have a family to look after!
Sometimes i do a little jog - if my child falls for example - i will then be relieved to have been able to tend to my child but feel like fainting from the pain, and sometimes do. I could stand for 30 minutes - if i had to, but id be crying inside - but i think i could manage it if the grass was wet and i didnt have a chair!
I would have hoped DLA would understand these situations - that a disabled person has difficulties but for the sake of their family, their own mental health etc they will push themselves to do things that others find easy and pain free, this does not mean they dont deserve the higher rate DLA.

Invasion

starchild1972 wrote: »

Point of fact, yes you can walk/stand and still be entitled to HRM, HRM can be paid when doing the above can cause, within 24hrs a decline in health. e.g. I could walk down the road perfectly well today, but be bed-bound for the next week. That still entitles to HRM.



HRM should be done on walking not standing.

It may not be done on standing, but chances are, if you can stand for 90 minutes (not saying OP did, we don't have that info) then chances are, you can walk reasonably well.

munchings-n-crunchings

I would expect that there is more to this than the OP thinks.
I doubt that DLA would have been taken away on the grounds of 1 observation.

And, as people have said, these conditions do fluctuate, good days, better days, bad days and worse days.
As long as this is reflected in your DLA application or renewal, you have covered yourself.

For example, if you have stated 'I can't stand, even for short periods of time' or 'I can stand for a a few minutes, then I need to sit down' and yet you are seen standing, even with walking sticks for a period of say under 8 years play 15 minutes each way, it's still a fair amount of time to stand. It depends how you have stated your condition.

Once a discrepancy has been found, it then will throw doubt on everything else.
It's the same when a DM looks at a claim that has been exaggerated.

I think the OP should advise her friend to seek advice from WR, DIAL or the CAB.


Munchie

pipkin71

starchild1972 wrote: »

Point of fact, yes you can walk/stand and still be entitled to HRM, HRM can be paid when doing the above can cause, within 24hrs a decline in health. e.g. I could walk down the road perfectly well today, but be bed-bound for the next week. That still entitles to HRM.

Agree starchild.

I left the house this morning feeling ok, walking was ok for me, although with two crutches as I'm not at a stage where I can walk without them, but came home in agony, unable to do any more than shuffle

I also agree with whoever said it depends what someone puts on their form. If someone has stated they cannot leave the house at all, cannot stand unaided, at all, and is then seen doing things they claim they couldn't, then that would have the investigators re-assessing the claim. If it is for a fluctuating condition, the decision maker will acknowledge that on the award, so there wouldn't be a problem if one day someone was seen going swimming.

hilstep2000

I have MS. I get higher rate mobility. Sometimescan walk quite a way, but other times I can't walk downstairs!
Some conditions are like that, and DLA don't take it into consideration!

C_Mababejive

I get depressed,stressed,have back ache/pain,neck ache/pain,some signs of carpal tunnel syndrome and feel generally knackered. I am in full time employment and this week have worked 5 x nights. By Tonight when i finish i will be knackered. Can i get DLA?
If she has had appeals/reviews then clearly the right decision was made.