DLA refused but still Can't Work Advise Needed

gravitytolls

DH injured his spine some 10 - 12 weeks ago. X-rays show the vertebrae have collapsed at the bottom, due to disc wear, there is a hollow area caused by bone erosion, curvature of the spine and arthritis in the damaged area.
He is in constant agony, and despite 2 weekly sessions with chiropractor (whilst waiting for physio appointment), and weekly sessions with the physio, he is still in agony.

Anyhoo, a friend suggested DLA, so we applied. We answered all questions honestly, and assumed that the Dr's visit, and the GP would clear up any misunderstandings. He was refused because he cn walk, prepare a meal, isn't deaf/dumb, and doesn't need help with personal needs at night.

He can indeed walk, and does so, as recommended by the physio. However, he cam eshopping with me, as he was bored, and had to go sit in the coffee shop, as he couldn't bear the pain any more. He walks with hunched back and shoulders, and with ahip swinging gait, due to the pain. He uses a TENS machine (supplied by physio), strong pain killing anti inflammatries and ibuprofen to top up. yet, he's still in agony. This week, the physio worked on him, then wouldn't let him take oart in the bone building class afterwards, as he wasn't up to it.

Anyhoo, he returned to work 3 weeks ago, taking off the days he sees the physio. Last Monday, he came home early, and hasn't been able to return since.

He's worse than he was before, won't be returning to work for some time (he must be patient). in the meantime, we have children and a mortgage. In the long term, I can work, but at the mo, he needs help himself (he says his feet seem a long way away, as he can't reach them), and can't manage childcare in my absence.

But, we haven't aclue about the benefits syste, We receive child tax credits, and working tax credit, and SSP. Is there any othe rhelp that we could get, as we are struggling at the mo?

We'll be very grateful, many thanks.

SMC_2

You can appeal if you have been turned down. Certainly sounds like he should be getting DLA.

Perhaps have a chat with your local CAB and see what they think. They can help you appeal.

Claireybear

yes definitely appeal and get supporting letter from physio to help back it up

Penny-Pincher!!

For DLA purposes you need to have had the condition for at least 6 months I think.

PP
xx

jazzy

I would contact either CAB or Welfare rights they should advise you the procedure for making the appeal, but make sure that you are within the time limit for making an appeal from the dla desicision date.
I would think that you should be on Incapacity Benefit if it's a long term sickness?

SMC_2

jazzy wrote:

I would contact either CAB or Welfare rights they should advise you the procedure for making the appeal, but make sure that you are within the time limit for making an appeal from the dla desicision date.
I would think that you should be on Incapacity Benefit if it's a long term sickness?

Think you have a month to get the appeal in.

OP did say they are on SSP

Turning_into_scrooge

appeal!

I have an appeal going through with the help of welfare rights. I need help to turn over in bed at night, get to the bathroom, i need help with washing i fall frequently among many other things. The doctor that came out to me said in his report that i may like someone to be with me but it is not necessary. When i fall on the floor i cannot get up and in the past i have been there, on the floor for 6 hours until someone came to help me. The y reduced my level down from middle rate to low my welfare rights adviser said i should be getting high rate. He said all i needed was help with cooking and cleaning. It totally contradicted my claim for mobility which i get high rate for and also it made me feel like i was being branded a liar. Appeal and good luck

Turning_into_scrooge

Penny-Pincher!! wrote:

For DLA purposes you need to have had the condition for at least 6 months I think.

PP
xx

Unless it has changed recently its 3 months, but having said that i think they change the rules daily to suit themselves

cattie

For DLA you need to have had the condition for at least 3 months & your consultant/gp must expect it to last for at least a further 3 months after your application.

clairec79

I think it's more likely to be because he hasn't had the condition for 3 months yet - he'll probably qualify once that period is past (don't forget with the alking question, it's not just a 'can you walk X distance', it's 'can you walk X distance without serious pain' - and if you can walk that far without pain ONLY because you are seriously dosed up on pain killers then answer the question as if you hadn't taken the pain killer that morning

missk_ensington

Disability Living Allowance is exactly what it says, an allowance which helps you live with your disability and pay for costs icurred by it. From what you say, he is in a lot of pain and it is a terrible situation but there are no costs incurred as a direct result of his injury.
You don't get money for being in pain, you get it to help pay for things like nursing staff, transport, people to do things you can't do, disabled access to your house etc etc.

As 've mentioned in an earlier post, my mum's friend had liver failure and nearly died. She got a transplant and slowly recovered, she's still badly affected- can't colour her hair, has put on weight, is tired, can't drink alcohol (although it was nothing to dow ith alcohol why it failed in the first place) is in pain and takes steroids, and she was refused because she doesn't although it is extremely unfortunate, she doesn't need any additional help from the outside which she would have to pay for.

If you are working, it may be that you are expected to support him from your wage. Have you notified tax cred that your household income is reduced? He may be entitled to Incapacity but not DLA unless you put VAT on the truth and say he can't walk, which if course is fraud (not that it stops everyone else doing it, but there are severe consequences if you get caught and I'm not advocating you should do it).

Its nothing to do with how long you've had a condition, although it does has a lot to do with how long the condition is expected to last. I got DLA for my heart condition very soon after the blackouts started.