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Can my Husband claim DLA- Benefits Agency say No !

Hi
please can anyone advise ? My Husband has recently undergone surgery for Bladder cancer and has had to have his bladder removed. He has been unable to work since january and is signed off by his GP. We dont know how long his recovery will take as he may require chemo too. He only receives statutory sick pay of £80 per week- I work full time but we do have a mortgage to pay !!!
I spoke to DWP and they say he is not entitled to any other benefits....
All advice most gratefully received

Comments

  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    To claim DLA, he either needs to have a terminal disease (does he? - sorry)or have had care and /or mobility needs that have lasted for at least 3 months and expect to last for another 6.
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  • SailorSam
    SailorSam Posts: 22,754 Forumite
    10,000 Posts Combo Breaker
    edited 24 February 2010 at 11:17AM
    Have a read of this, if your husband has had to have his bladder removed there is one section that mentions continence so may apply.Disability Alliance Factsheet F32

    If you're going to apply,i suggest you go into one of those benefit advice centres to get them to help fill the forms in. Thet're use to them and know what to put to get the best results.
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  • You cannot claim DLA based on a diagnosis - it is based on care needs. So you have to look at what care your husband needs - or can he sort himsself out, so to speak? If he doesn't need any care at the moment, this may well change when he has chemo, as it is likely to leave him exhausted.

    To claim DLA, you also have to have care needs for three months before receipt of DLA (although you can use this time to apply) and for at least six months afterwards.
  • If you are going to apply for your husband then I'll give you the advice a nurse gave me. When filling out the forms give answers as if it is the worse day of his life. Don't be optimistic, if he has had a bad day because of anything, then use that as the answer.
    I used to try to be positive when doing it and making me sound better than I was and I was told that that was wrong. I used my worse days and it worked. But don't lie.
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If you are going to apply for your husband then I'll give you the advice a nurse gave me. When filling out the forms give answers as if it is the worse day of his life. Don't be optimistic, if he has had a bad day because of anything, then use that as the answer.
    I used to try to be positive when doing it and making me sound better than I was and I was told that that was wrong. I used my worse days and it worked. But don't lie.

    This is fraud and is very obvious if you do it on your worst days.
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  • If you are going to apply for your husband then I'll give you the advice a nurse gave me. When filling out the forms give answers as if it is the worse day of his life. Don't be optimistic, if he has had a bad day because of anything, then use that as the answer.
    I used to try to be positive when doing it and making me sound better than I was and I was told that that was wrong. I used my worse days and it worked. But don't lie.

    i`m sorry but that is wrong wrong and er wrong,you tell it how it is,not how it could be on a single day
  • Instead of detailing a bad day, which would not be a true reflection, detail a 'normal' day and then put 'on worse days, which happen x times a week/month' - keep it honest, otherwise it is fraud.
  • Why oh why do people insist on giving this advice?! Never ever ever fill out forms on your worst day, do them on an average day, and give examples of bad days, and how often they are, the same for good days- if he has any.

    OP, he needs to have at least an hour a day of care needs, or be unable to cook a meal for himself (cooking ability is ignored, it's all to do with pots and pans etc) to get the lowest rate of care component.

    For mobility he needs to either be unable to go out to unfamiliar places alone- lower rate. Or unable to walk more than 50 metres for higher rate mobility. I believe that if the cancer is terminal you are automatically awarded higher rate care.
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    Invasion wrote: »
    OP, he needs to have at least an hour a day of care needs, or be unable to cook a meal for himself (cooking ability is ignored, it's all to do with pots and pans etc) to get the lowest rate of care component.

    For mobility he needs to either be unable to go out to unfamiliar places alone- lower rate. Or unable to walk more than 50 metres for higher rate mobility. I believe that if the cancer is terminal you are automatically awarded higher rate care.

    You get lower rate care for not being able to prepare a meal. You get middle rate care if you need and hour + of care a day.

    Also it is not about not being able to walk for more than 50m it is about the time it takes, the gait and how safely you can walk. And the pain and discomfort it causes. The 50 m thing comes from how quickly you can walk that distance. Not that you can only walk 50 m's.

    Benefits now define virtually unable to walk I can't post a link not sure if it is my machine or not.

    Go to www.benefitsnow.co.uk and fill in the questions it will give you a rough idea.

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    calleyw wrote: »
    You get lower rate care for not being able to prepare a meal. You get middle rate care if you need and hour + of care a day.

    For mid care, it's help needed frequently throughout the day. I need for more than one hour per day and don't get mid care.
    I believe that if the cancer is terminal you are automatically awarded higher rate care.

    This is true.
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