Budget - tougher for DLA claimants

tenacioust123

kah22 wrote: »

I've skimmed through the almost 400 posts over 20 pages This issue is certainly exercising many people.

OK the government is going to make every DLA person undergo a medical and many will be knocked off because it will be a money saving exercise. Remember, however, you have the right of appeal and until the appeal goes through you stay on the benefit. So appeal, appeal and appeal - in short block the system.

I also see some interest groups taking test cases through the courts and probably to the European court. If you have a particular illness or condition and are a member of a lobby group like Action Cancer then push them to take test cases.

One common mistake I've come across in this thread is that people equate not been able to work with DLA, this is not the case. DLA, as I understand it, is given to those who need help and support through the day and/or night. The mobility component is for those who are 'unable or virtually unable to work.' A millionaire, running a multi-million pound business who was in a wheel chair would be liable to claim a mobility car.

I thought that you actually lost your benefit while waiting to appeal and that if you won it would be back dated to when you lost it. I may be wrong but I'm sure some one will come along and put me right.

kah22

My local radio station BBC 'Radio Ulster.' have a consumer affairs program each Saturday and one of the weekly contributors is Professor Eileen Evason and I'm guessing she'll be covering this issue within the next few weeks. If she says anything of interest I'll post here and give you the iPlayer link.

Kevin

cyclonebri1

_shel wrote: »

But the point is people do 'recover' or adapt to their disability and thus need less support with care and mobility needs. Doubt they were asking when the leg was growing back, more why after 30 years has this person not adapted somewhat as others do.

Of course you can adapt, but you still have 1 leg !!!!!!

easy

cyclonebri1 wrote: »

Of course you can adapt, but you still have 1 leg !!!!!!

yes of course, but DLA is paid to help deal with the extra expenses due to difficulties experienced because of a disability, not as a compensation payout.

I remember seeing Heather Mills walk down the steps outside the courtroom after her divorce hearing. She came down a wide open staircase, with no handrail, she needed no support from another person, and she was carrying a bag of documents. She appeared to be totally confident on those steps.
No way have I ever been able to do that, and I have both my legs (I won't be able to ice-skate either, which she went on to do last year).

So, Ms Mills has one leg, but does not appear to meet the criteria for DLA mobility component. Although I'm sure she was much more in need of it in the early days recovering from her accident.

DLA is not paid because you have a medical condition per se, but because of the difficulties you experience as a result of that condition.

Indie_Kid

easy wrote: »

DLA is not paid because you have a medical condition per se, but because of the difficulties you experience as a result of that condition.

I think this is what people tend to forget and think that because they have a disability, this entitles them to DLA.

LindsayO

easy wrote: »

yes of course, but DLA is paid to help deal with the extra expenses due to difficulties experienced because of a disability, not as a compensation payout.

I remember seeing Heather Mills walk down the steps outside the courtroom after her divorce hearing. She came down a wide open staircase, with no handrail, she needed no support from another person, and she was carrying a bag of documents. She appeared to be totally confident on those steps.
No way have I ever been able to do that, and I have both my legs (I won't be able to ice-skate either, which she went on to do last year).

So, Ms Mills has one leg, but does not appear to meet the criteria for DLA mobility component. Although I'm sure she was much more in need of it in the early days recovering from her accident.

DLA is not paid because you have a medical condition per se, but because of the difficulties you experience as a result of that condition.

yes, but just because she is able to do that, does not mean she doesn't have extra expenses due to her amputation. Many people who use artificial limbs get pressure sores and need to buy extra supplies such as baby wipes and nappy cream.

Same with any person who has adapted to their disability, just because they are able to function at a high level, hold down a job, or learn to ice skate, that in and of itself does not mean that they don't have extra expenses over and above the ordinary

kingfisherblue

tenacioust123 wrote: »

I thought that you actually lost your benefit while waiting to appeal and that if you won it would be back dated to when you lost it. I may be wrong but I'm sure some one will come along and put me right.

My friend is currently appealing for the reinstatement of DLA for her son. He has a high level of care needs, due to a variety of disabilities, but a report from the school stated that he is fine (funny that - he has 1:1 for part of the time he is there, and the previous week the school had applied to the LEA for his TAs hours to be increased so that he has full time support, as his needs are so great!).

Anyway, the point of my post is that you are correct. DLA is paid until the date on the previous award. It then stops while an appeal is going through. If the appeal is successful, the DLA will be backdated.

This also affects other money coming into the household. In my friend's case, she has lost her Carer's Allowance and the disability and enhanced disability elements of child tax credits. Her income support had an eight week run-on, but is due to end shortly. I don't know if these will be backdated when her appeal is successful (and I'm sure it will be).

kah22

kingfisherblue wrote: »

Anyway, the point of my post is that you are correct. DLA is paid until the date on the previous award. It then stops while an appeal is going through. If the appeal is successful, the DLA will be backdated

I got it wrong, accept my apologies

Kevin

easy

LindsayO wrote: »

yes, but just because she is able to do that, does not mean she doesn't have extra expenses due to her amputation. Many people who use artificial limbs get pressure sores and need to buy extra supplies such as baby wipes and nappy cream.

Same with any person who has adapted to their disability, just because they are able to function at a high level, hold down a job, or learn to ice skate, that in and of itself does not mean that they don't have extra expenses over and above the ordinary

I accept your point Lindsay, but the fact remains that someone in a similar position to Ms Mills will not qualify for the mobility component of DLA. Yes, she has lost a limb, but despite that, she is able to walk a distance, and manage stairs without help.

Indie_Kid

LindsayO wrote: »

yes, but just because she is able to do that, does not mean she doesn't have extra expenses due to her amputation. Many people who use artificial limbs get pressure sores and need to buy extra supplies such as baby wipes and nappy cream.

Same with any person who has adapted to their disability, just because they are able to function at a high level, hold down a job, or learn to ice skate, that in and of itself does not mean that they don't have extra expenses over and above the ordinary

DLA isn't awarded because of expenses due to disability. Well, you can't ask for a certain rate based on needing to spend x amount on disability related things.