Dla - esa - tax credits - work - cfs - please help me

Loopy_Girl

leemack wrote: »

apart from high rate mobility, dla is about help you from someone else, either in going outdoors to unfamiliar places or with daily personal care, or making a cooked meal. if you ideally need help from another person with any of these things then it may be worth appealing the dla decision, if in doubt go see a benefits adviser who can go through the criteria and help you with any challenge or appeal. If you can manage by yourself and can walk 50 metres at a reasonable pace without severe discomfort then you won't be awarded dla on appeal.

But if that was the case then surely every person that was single and had no family support wouldn't get DLA surely?

Maybe people have no choice but to manage to the best that they can but I wouldn't like to think this would preclude them from getting it.

leemack

Loopy_Girl wrote: »

But if that was the case then surely every person that was single and had no family support wouldn't get DLA surely?

Maybe people have no choice but to manage to the best that they can but I wouldn't like to think this would preclude them from getting it.

I said its about help you'd ideally need. You don't have to be actually getting help from another person you just have to need help. For instance if you eat microwave meals or just eat convenience food because you can't make a cooked meal (because of disability, not lack of cooking ability) then you should be entitled to low rate care, the fact that no one comes and makes the meal doesn't matter, its needing the help that counts. If you can't go to unfamiliar places without someone with you due to panic attacks and anxiety, then you should be entitled to low rate mobility, even if you stay in the house all the time because there's no one to go out with you. The same applies to other aspects of personal care, dla can be claimed for help you need even if you don't actually get it.

Having dla can mean that a person can then pay for the help they need. People aren't penalised because they don't have anyone to help in the first place or can't afford to pay for someone to help.

Loopy_Girl

I thought that...thanks for clarification;)

TOBRUK

I live alone, family live 100 miles away but for one sister who is about 40mins away and luckily she comes round about once a week. I struggle but have to manage and luckily I have good neighbours who I can call upon at any time, which is a great comfort. On the question of DLA, I get HRM and LCR, the care aspect they stated I am receiving is because I am unable to cook a meal. I do have other care needs but I just about manage somehow.

It appears they havent took into account the constant pain i am in when walking, getting out of bed, bathing, i can make a sandwich but not a main meal, i do not go out because of this and because i suffer panic attacks.

It sounds to me that you should be getting LCR because you aren't able to make a cooked meal from scratch. I don't know about your other care needs but I have great difficulty bathing and dressing and I used to get MCR - the reason why I haven't challenged the drop in care rate is that I'm worried that they may leave me with no care rate , as some have found.

With mobility, you should stress that you are in constant pain before you start walking. I have to use a crutch to get around and I hardly ever leave the house. I can't walk very far and have to take the car to go anywhere.

If I were you I would appeal their decision and if necessary go to tribunal.

I wish you luck with your appeal at work tomorrow, but it would be good if you could take someone with you - it doesn't have to be anyone from work! Take a family member or a friend if you can, they can't stop you. I thought it was unlawful for an employer to sack you on the basis of being ill (if you have sicknotes) and it doesn't matter if you are in an union or not. I understand employers can get rid of someone easier if they have been employed for under a year, but I really don't think it is relevant in this case as they want to terminate her employment for being ill! If they sack you, go to CAB or solicitor staightaway. Also if you can take a tape recorder to the appeal.

katmum

Hi
I really recommend a book published yearly (each May) by the Disability Alliance called 'Disability Rights Handbook'. This is a fantastically comprehensive book which includes so much information I think it is an invaluable resource to anyone who is disabled or looking after anyone who is disabled.

I first saw in in our library and borrowed it which is how I know about it (but an old version and it's very important you have up to date benefit information on rules and regs when making a clain). I have just ordered it as my daughter has been diagnosed with cerebral palsy and I have been advised to make a dla claim. Until the 31st Jan it is also on special offer of £9 if you print the publications request form on the site and you are on any state benefit (guess they are trying to shift their stock before the new version comes out). There are also extra guides to claiming different benfits and I think the DLA/AA one on special offer is £3 now.

On the subject of appealing against DLA decision I don't know enough off the top of my head but I do know there is a deadline to appeal against decision - think this is only month and if there are any grounds to appeal (could you borrow this Disability Rights book from your library to check) you need to get your appeal in sharpish. The only other option if you've 'timed out' and think in hindsight you should have been awarded this benefit it is to reapply again.

Best regards, Kat

Cotton_wool_katie

Leemack - Thanks very much for your reply x

Loopy girl - Thanks again for your reply x

Katmum - Thanks for your reply i will certinaly be looking for this books thanks. x

Tobruk - Thanks for your reply - in my letter for date of appeal from work it states that the person you can take with you has to be a union member or a work collegue! Thanks for the info about dla - im going to get my head together n go through my letter and outline what i cannot do. x

Loopy_Girl

How did your appeal go Katie?

Cotton_wool_katie

Hey loopy,
i gotta wait for letter in the middle of week - thanks for asking tho x