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DLA Help

My wife has just had her claim for DLA rejected. Due to an accident at work about 5 years ago which has become progressively worse she can now walk no more than about 20 feet before she has severe pain in her foot and has to sit down. She is unable to stand for more than a few minutes at a time and she can not do basic household tasks such as cooking (as she can't stand and move around long enough to prepare a meal). She struggles to climb the stairs to use the bathroom and often needs my help. She needs help getting out of bed as her foot locks overnight and is in agony in the morning. Her mobility is far reduced. She has had 2 ops and is awaiting another x-ray. She noted all this on the DLA form but they wrote back saying she can walk 100 metres or more and needs no help around the house. Where do they get this info from? They haven't been to the house to see her. She can't walk anywhere near 100 metres for a start. She has asked them to reconsider, once again stating the points above. Where do we go from here? I am not holding out much hope they will write back and say sorry we made a mistake and you can get DLA. I thought DLA was for people with reduced mobility and/or needs help to do basic tasks. My wife fits into this category perfectly and yet has been refused. Then we see neighbours who have been on DLA for years with hardly nothing wrong with them. The system is a joke!!
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Comments

  • bestpud
    bestpud Posts: 11,048 Forumite
    A lot of food prep can be done sitting down and there is no need to stand for long periods to cook healthy meals.

    Going up the stairs can be done backwards if it is only one foot affected.

    Concentrate on your own issues rather than slating people you know nothing about! Not all disabilities are visible and not all people make a big fuss!
  • Robbie64
    Robbie64 Posts: 2,235 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Has your wife actually appealed or just asked for a reconsideration? If it's the latter you need to be aware of the time limits involved if you wish to appeal.
  • only_mee
    only_mee Posts: 2,367 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Gareth19 wrote: »
    Then we see neighbours who have been on DLA for years with hardly nothing wrong with them.
    So they do have something wrong with them?

    Sour grapes.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It sounds as if your wife filled in the forms by herself. It's always worth getting help from trained advisors to do this.

    Contact some in your area and see who can help you urgently. We have found our council's Welfare Rights Advisors very good. You can also try CAB and DIAL.

    Has your wife had an assessment at home by an Occupational Therapist? If not, arrange that as well. An OT should be able to suggest aids that will make life a bit easier.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 28 July 2010 at 12:24PM
    Did your wife send supporting letters from her gp/consultant/OT confirming the extent of her mobility problems?

    If not, I suggest that you notify the DLA immediately that you wish to appeal (to ensure you meet the deadline for appeal) and tell them that full grounds will follow, together with appropriate supporting evidence.

    Then get letters/reports from all the professionals involved in her care, outlining the extent of her injury, and also stating that she has said that she is unable to do X Y & Z, and that this is consistent with the level of disability. You will need to make appointments to discuss these issues with the medical advisor.

    Also, as someone else has said, do get help and advice to deal with the appeal - CAB have specialist welfare benefit advisers, and some local authorities have welfare benefit advisors as well.

    Finally ignore the people who say she can hop up the stairs backwards and other such comments.... it is not about how you re-arrange your life to cope with a disability, it is about whether you are physically able to carry out the activities set out in the form, in a normal manner, and without help/supervision.

    EDITED TO SAY - as you have discovered, DLA is not easy to get, many people have hidden disabilities which entitled them to receive DLA, even if the reason for the award is not apparent to the casual observer. Many people on this board fall into that category, and in venting your frustration in this way, you may well appear to be attacking the very people who are trying to help you.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • merlin68
    merlin68 Posts: 2,405 Forumite
    Indeed, I have Emphysema, but you couldn't tell from a distance. My friends son has severe epilepsy but you wouldn't be able to tell just by looking over at him.
    So tell me have you got xray vision that can see into people's lungs, heart and brains, or am I missing something.
  • Prinzessilein
    Prinzessilein Posts: 3,257 Forumite
    Part of the Furniture 1,000 Posts
    I look 'normal'. There are no outward signs of ASD....Well, until I start having a tic, or suddenly lose control of my muscles and flop down in the middle of the road!

    You can't always tell when someone has a disability.

    I get DLA (care and mobility, both at lower rate) and despite outward appearances I am fully entitled to both! Actually, it's precisely because I get DLA that I can do some things that other people consider 'normal'.....including preparing a meal.

    Gareth19, I know you feel somewhat bitter that your wife has been refused DLA, and yes, the system is far from perfect, but don't take it out on those who really need the help they are given. Most claimants are genuine!

    It is quite possible that the DLA will stick to their original refusal. If you still feel your wife deserves DLA then I suggest keeping an honest diary of your wife's needs. Then go to the CAB or DIAL (I used DIAL) . They will give you an honest assessment of whether they think your wife is entitled to DLA. If they accept she has a need, they will help you with the paperwork et.c for an appeal. They can also represent you at the appeal if you want.
  • lovetowinacar
    lovetowinacar Posts: 1,949 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 28 July 2010 at 1:50PM
    Gareth19 wrote: »
    My wife has just had her claim for DLA rejected. Due to an accident at work about 5 years ago which has become progressively worse she can now walk no more than about 20 feet before she has severe pain in her foot and has to sit down. She is unable to stand for more than a few minutes at a time and she can not do basic household tasks such as cooking (as she can't stand and move around long enough to prepare a meal). She struggles to climb the stairs to use the bathroom and often needs my help. She needs help getting out of bed as her foot locks overnight and is in agony in the morning. Her mobility is far reduced. She has had 2 ops and is awaiting another x-ray. She noted all this on the DLA form but they wrote back saying she can walk 100 metres or more and needs no help around the house. Where do they get this info from? They haven't been to the house to see her. She can't walk anywhere near 100 metres for a start. She has asked them to reconsider, once again stating the points above. Where do we go from here? I am not holding out much hope they will write back and say sorry we made a mistake and you can get DLA. I thought DLA was for people with reduced mobility and/or needs help to do basic tasks. My wife fits into this category perfectly and yet has been refused. Then we see neighbours who have been on DLA for years with hardly nothing wrong with them. The system is a joke!!

    I agree the system is a joke everywhere you look you see people jumping in and out of their mobility cars with the disabled badges on.....it is about time they started to go out and about with cameras and caught them at it - then throw the book at them - far too many people pretend to be disabled and they are not - hopefully this government will toughen up and catch the people who basically and taking money from the genuine disabled....

    Back you your requirements - your wife could appeal the decision...... and for neighbours who are using the system illegally just report them please don't let them get away with it - if they are genuine then they have nothing to fear but the ones that are abusing the system will get their just desserts - in news recently a "disabled" man was sent to prison since he was filmed playing golf and doing various jobs whilst claiming not to be able to walk far.... it was quite easy for the fraud investigators to "see" that he was claiming to be far more disabled than he really was - photo evidence was able to pop this man inside
  • Vicky123
    Vicky123 Posts: 3,404 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Course that can work both ways, the neighbours may have very significant problems and consider a bad foot a very trifling matter and report them, should they be successful. [sigh]
    Vicky
  • lovetowinacar
    lovetowinacar Posts: 1,949 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Vicky123 wrote: »
    Course that can work both ways, the neighbours may have very significant problems and consider a bad foot a very trifling matter and report them, should they be successful. [sigh]
    Vicky

    The OP states that his wife cannot walk far has lots of pain and has 2 operations already etc etc

    A little more than a bad foot.. with the pain and unable to walk I would think this is not a "trifling matter" and if the neighbours have very significant problems then they have no worries about claiming since would be justified in doing so (sigh)
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