DLA guaranteed until 2014?!

dori2o

sh1305 wrote: »

The cooking test is one that means you would have to be able to use a cooker and cook a meal - not just heat up something in the microwave.

You can work and claim DLA.

That's not what they told me,and the part about the microwave is actually what they are using as part of their case for the tribunal hearing.

Assuming you are correct (and I'm not doubting for 0one minute you are) then I can turn the oven on and maybe put things in it, but as I only have one hand free as the other is supporting me via my stick, it would be extreemly dangerous to remive hot food from the oven with one hand.

I am aware you can work and claim DLA as my brother works as a plumbing and heating engineer, but gets DLA for his deafness.

However, I think what the woman was saying was that it seems that as I go to work everyday the effect on my life from this condition is not as bad as I am trying to prove.

The other thing is, 2 years ago when I first made a claim they sent a doctor to my house. he examined me and said things such as, 'house shows no sign of disability aids', and 'I feel this person can do more than is claiming' based on this the first claim was rejected.

This latest claim they rejected it using evidence from my claim form, my GP, and another qualified healthcare professional (I assume this is someone from a place such as ATOS). Now this person has never met me, does not know me, has never examined my condition, so how in gods name can they give an opinion on my condition.

The annoying thing is the latest claim read like war and peace, there was alll sorts in it, including a disk from the hospital which contained my MRI scans and X Rays, a copy of my hospital notes, my sickness record for the past 4 years (385 days sickness in 4 years this includes the 4 operations I have had) and 4 letters from people who know me well, including one of my managers and physiotherapist, that explain how my condition affects me.

sunnyone

dori2o wrote: »

That's not what they told me,and the part about the microwave is actually what they are using as part of their case for the tribunal hearing.

Assuming you are correct (and I'm not doubting for 0one minute you are) then I can turn the oven on and maybe put things in it, but as I only have one hand free as the other is supporting me via my stick, it would be extreemly dangerous to remive hot food from the oven with one hand.

I am aware you can work and claim DLA as my brother works as a plumbing and heating engineer, but gets DLA for his deafness.

However, I think what the woman was saying was that it seems that as I go to work everyday the effect on my life from this condition is not as bad as I am trying to prove.

The other thing is, 2 years ago when I first made a claim they sent a doctor to my house. he examined me and said things such as, 'house shows no sign of disability aids', and 'I feel this person can do more than is claiming' based on this the first claim was rejected.

This latest claim they rejected it using evidence from my claim form, my GP, and another qualified healthcare professional (I assume this is someone from a place such as ATOS). Now this person has never met me, does not know me, has never examined my condition, so how in gods name can they give an opinion on my condition.

The annoying thing is the latest claim read like war and peace, there was alll sorts in it, including a disk from the hospital which contained my MRI scans and X Rays, a copy of my hospital notes, my sickness record for the past 4 years (385 days sickness in 4 years this includes the 4 operations I have had) and 4 letters from people who know me well, including one of my managers and physiotherapist, that explain how my condition affects me.

I think that you are going about some parts of your claim wrongly, there are no crib sheets but you must anwser the questions as literally as they are asked and though it seems that you are answering the same question a million times you must answer any slight change in the way the question is asked.

If you want information about what scan reports and xray reports (never the films themselves because the DMs arnt medics) you could ask on the disability and dosh section.

Morglin

dori2o wrote: »

That's not what they told me,and the part about the microwave is actually what they are using as part of their case for the tribunal hearing.

Assuming you are correct (and I'm not doubting for 0one minute you are) then I can turn the oven on and maybe put things in it, but as I only have one hand free as the other is supporting me via my stick, it would be extreemly dangerous to remive hot food from the oven with one hand.

I am aware you can work and claim DLA as my brother works as a plumbing and heating engineer, but gets DLA for his deafness.

However, I think what the woman was saying was that it seems that as I go to work everyday the effect on my life from this condition is not as bad as I am trying to prove.

The other thing is, 2 years ago when I first made a claim they sent a doctor to my house. he examined me and said things such as, 'house shows no sign of disability aids', and 'I feel this person can do more than is claiming' based on this the first claim was rejected.

This latest claim they rejected it using evidence from my claim form, my GP, and another qualified healthcare professional (I assume this is someone from a place such as ATOS). Now this person has never met me, does not know me, has never examined my condition, so how in gods name can they give an opinion on my condition.

The annoying thing is the latest claim read like war and peace, there was alll sorts in it, including a disk from the hospital which contained my MRI scans and X Rays, a copy of my hospital notes, my sickness record for the past 4 years (385 days sickness in 4 years this includes the 4 operations I have had) and 4 letters from people who know me well, including one of my managers and physiotherapist, that explain how my condition affects me.

You might be best to find a welfare rights worker to help you to complete the DLA form - much hinges on the way it is filled out. Your local CAB will point you in the right direction.

Meanwhile, this site may help you a bit:

http://www.benefitsnow.co.uk/

Lin

sox8369

Here is the case law relating to the cooking test - it may help. Quote any bits that are relevent to you in your appeal paperwork and in your tribunal. Best of Luck.

CDLA/20/1994 states that the possibility of cooking fast foods by microwave etc. should be ignored. CDLA/3778/2002 states that a microwave should be regarded as an ordinary piece of kitchen equipment in the same way as other “devices to assist” though a claimant “who is for all practical purposes wholly unable to use a traditional cooker” satisfies the cooking test. CDLA/2367/2004 states that if “the range of activities conducted by the claimant is, in broad terms, much the same whether or not the meal is then cooked in or on a traditional cooker or in a microwave, there is no reason why the use of a microwave should not be taken into account." CDLA/1212/2005 held that a tribunal was entitled to take into account the use of microwave ovens and heatproof pan handles even though the claimant did not have them though CDLA/17329/1996 disagrees with this in relation to other adaptations. CDLA/5250/2002 contains a bizarre potted history about the development of the microwave and concludes that microwaves will figure more prominently in the cooking of a main meal. See also CDLA/770/2000.

R(DLA)2/95 (Formerly CDLA/85/1994) defines the "cooked main meal" as a labour intensive reasonable main meal freshly cooked and prepared on a daily basis on a traditional cooker for one person. Reasonable is what is reasonable for a member of the community to which the claimant belongs e.g.. a vegetarian but a "cooked main meal" is not a snack. The test includes all activities associated with cooking such as reaching for a saucepan, lifting it and filling it with water. "Prepare" includes peeling and chopping. Because the test is objective it is irrelevant that a claimant may never wish to cook such a meal or that it is considered financially impossible.

CDLA/14594/1996 states that if a meal can only be prepared slowly and in instalments this may satisfy the test.

CDLA/2267/1995 states that the meal is a main meal for one person. Heavy pans or dishes are not necessary when preparing this meal.

dori2o

Morglin wrote: »

You might be best to find a welfare rights worker to help you to complete the DLA form - much hinges on the way it is filled out. Your local CAB will point you in the right direction.

Meanwhile, this site may help you a bit:

http://www.benefitsnow.co.uk/

Lin

Thanks, but it was CAB who filed in the form and I found them to be rather acelier about it. such as when asked how long it takes my wife to help me in and out of the bath, I said about 5 minuites in and 10 minutes out. They put 30 minutes as a total, double what I put. Now OK they have experience filling the form, but I don't want to lie so I changed the figure back.

When the claim was originally rejected they wrote to me and said any further advice would be with one of their specialists, but I would have to provide my income details as the advice service is means tested for the appeals?

As I'm working full time I would assume that I have too much income to qualify for free advice

alwaysonthego_2

dori2o wrote: »

When the claim was originally rejected they wrote to me and said any further advice would be with one of their specialists, but I would have to provide my income details as the advice service is means tested for the appeals?

As I'm working full time I would assume that I have too much income to qualify for free advice

You will not qualify unless you can get legal aid.

gambler00

TheBottomLine wrote: »

I used a combination of drugs and CBT to haul myself out of depression and it was flippin' difficult, and I don't deny I still have off-days. But it is possible yet some seem happy to just park themselves up in front of a PC all day and whinge about how hard it is.

You were quite fortunate then in that you
A: were diagnosed correctly,
B: found medication that helped you

but, far more importantly, in that you

C: got access to CBT. For this you either have to have a lot of money (it costs £60 to £100 for an appointment privately, with a psychologist) or have a NHS board who is willing to provide CBT for you. Sadly, in my relative's case, it has taken the best part of 2 years for her psychiatrist to refer her to a psychologist and the waiting list is another 6 to 12 months. So it could be 3 years out of her life before her situation even begins to improve.

TheBottomLine_2

sh1305 wrote: »

You mae it sound so simple - it's not. And that's coming from someone whose had depression on & off for the last 8 years.

In my previous post I said how difficult it was, and it still is everyday. Without drugs and CBT techniques I would be a wreck. You've got to do the hard work yourself but it is possible, and this is from someone with depression for over 30 years.

gambler00 wrote: »

You were quite fortunate then in that you
A: were diagnosed correctly,
B: found medication that helped you

but, far more importantly, in that you

C: got access to CBT. For this you either have to have a lot of money (it costs £60 to £100 for an appointment privately, with a psychologist) or have a NHS board who is willing to provide CBT for you. Sadly, in my relative's case, it has taken the best part of 2 years for her psychiatrist to refer her to a psychologist and the waiting list is another 6 to 12 months. So it could be 3 years out of her life before her situation even begins to improve.

It's only Citalopram, very common for depression. You're right that I'm fortunate though, but I displayed a willingness and eagerness to get better which you need for CBT to work. Maybe that's why they thought I was worth it.

Indie_Kid

You make it sound so easy - I know for a fact it's not.

TheBottomLine_2

sh1305 wrote: »

You make it sound so easy - I know for a fact it's not.

Where did I say it was easy? I have said more than once that it requires hard work. Are you not prepared to put in the effort? There is no miracle cure, you have to do it yourself. Write to your MP and explain your situation and that you want to get better but you need help. Show your own willingness and maybe you'll get help.

The easy way is to just sit back making excuses and finding obstacles.q