Please help DLA renewal turned down

Markoo_2

This is slightly confusing, Regarding mobility, the question they ask on the form is

How far can you normally walk (including any short
stops) before you feel severe discomfort?

For me any form of walking causes me sever discomfat and pain,

I put down zero distance and explained i experience sever discomfat from the 1st step and with every step.

My consultants report says "his mobility is no actualy limited" not that its not effected, as i am still able to walk i have no choice but to walk sometimes BUT i cant walk without sever discomfat an pain. the consultants report says i have pain when walking, clearly if i have pain when walking thats effecting my moblity

I choose to walk and accept the pain in doing so as i try my hardest not to let my disablity stop me doing things.

So what exatcly is the criteria for mobilty component? isit a case of if you are physicaly able to walk regardless of how much pain it causes you your not entiled to mobility? walking 50 meters would leave me in agony does this not matter? so long as i phyicaly can walk the 50 meters the fact it would leave me in agony is irrelevent?

im now confused as to what the actual critera is,:wall:

Indie_Kid

From http://www.benefitsnow.co.uk/dlanotes/virtullyunable.asp

When deciding whether you are virtually unable to walk the following factors will be taken into account-
The distance over which you can walk without experiencing severe discomfort
The speed at which you can walk
The length of time for which you can walk
The manner in which you can walk
This question is about walking out of doors, not in your home.
If you can only walk up to 30 yards without severe discomfort then you will qualify.
If you can only walk between 30 and 70 yards without severe discomfort then it is likely that you will qualify.
If you can walk more than seventy yards without severe discomfort then you will need to show that the other three factors mean that you are virtually unable to walk. For example, if you can show that it takes you five minutes to walk 100 metres, you should qualify.
It does not matter whether the severe discomfort occurs at the time of your walk or later. What counts is that the discomfort is a direct result of your attempt to walk.

Being unable to walk means that you cannot take a single step.
You need to show that because of your disability you cannot put one foot in front of the other.
Walking involves always having one foot on the ground.
If your only way of getting about is to swing through crutches then you will be considered unable to walk.

Markoo_2

wrote:

If you can only walk up to 30 yards without severe discomfort then you will qualify.

This would apply to me then as i cant walk 30 yards without experiencing sever discomfut, to be precise i cant take a single step without sever discomfat.

Im really struggling to find out why it appears to be so hard to get this point across to them? i have told them i cant take a single step without sever discomfat and pain, my consultants report stated i have pain when walking, yet they say i can walk over 50 meters,

seriously what am i missing here? how could the possibly come up with the figure i can walk over 50 meters from such information, its as though they are just ignorning me or am i missing something?

beth58_2

Markoo wrote: »

I saw markoo today, the pain is worse since he was reviewd 12 months ago,he is no longer working due to the pain he is in,his mobility is not actualy limited,he has pain when walking, he regualy experiences pain dueing the night,

examining his left hip he has flexion to approx 80 degrese with no rotational movements.

i have given him a prescription of tramadol to see if this controls his sysmtoms.


i have had a chat with marko today regarding future management of his hip including joint replacement surgery, he does not wish to be considerd for any joint replacement surgery at the current time and is enquiring about alternative anglesia.

QUOTE]
I don't think your consultants letter is very helpful he states clearly "mobility not actually limited" if I was reading that I'd presume your mobility is not limited and you can walk, although in pain.

Therefore you need to emphasise exactly what happens during the effort of walking. You need to spell out to the DM exactly what you go through and any after effects not just tell him your in severe pain.

. how do you feel when walking
. what kind of pain do you feel (burning/stabbing/sharp/throbing)
. what aids (if any) do you use
. what support do you get (if any)
. have you fallen (give example of last time you fell)

I don't want to put words into you mouth but an example of wording might be;
Each step is extreamly painful, my hip constantly feels as though it's going to give way, I get a burning sensation in my hip which is unbareable, I cannot walk more than a few steps without holding onto something, my carer helps support me and I use the wall/gate/rail to hold onto.
The effort of walking is extreamly tiring and leaves me exhausted for the rest of the day, with pain becoming worse over the next couple of days before easing.

You could then go on to give information about how medication affects you and any side effects you suffer.

I'd also suggest you keep a diary and send that as further evidence. Also if you experience any other problems due to having mobility problems i.e toileting, bathing, dressing, any other health related issues i.e. depression/fatigue/mood swings.
You really do need to talk to your doctor and tell him exactly how your disability affects you so it's all recorded in your medical records and other support can be offered.

I see your consultants statement as a hinder rather than a letter of supporting.

Good luck with your appeal.

Happychappy

You still don't explain why you persist with the alleged pain when an operation would reduce this dramatically or even eliminate it ? how long have you claimed DLA and is this the reason why you do not want to undergo the operation and possibly be fit for work ? maybe now is the opportunity to do this

sunnyone

beth58 wrote: »

I'm sorry your going through this as I went through it some yrs ago and found the whole experience very difficult to cope with mentally/emotionally.

I think you need to focus on what you CANNOT DO rather than the pain. They already know your in pain (relieved by painkillers) and have difficulty but you need to explain very clearly what the difficulties are and how you cope day to day.

I wouldn't rely to much on consultants letter as he states; IT DOES NOT AFFECT MOBILITY, however you do have pain. I think this statement speaks volumes and DM have probably interpretated it the same way I have.

Many ppl are in pain on a daily basis and not entitled to benefits. I applied in Jan for my DLA to be reviewed (knowing the risk of it being reduced or withdrawn). No supporting evidence other than my repeat prescription.
I'm please to say my HRM was left as it is and awarded MRC indefinately (maybe I was just lucky). However, I went into great detail as to how my life is on a daily basis and what I struggle with giving examples where I could.

Giving examples is so important for all claims to benefits which is why keeping a diary is often helpful.

Good luck with your appeal.

beth58 wrote: »

Markoo wrote: »

I saw markoo today, the pain is worse since he was reviewd 12 months ago,he is no longer working due to the pain he is in,his mobility is not actualy limited,he has pain when walking, he regualy experiences pain dueing the night,

examining his left hip he has flexion to approx 80 degrese with no rotational movements.

i have given him a prescription of tramadol to see if this controls his sysmtoms.


i have had a chat with marko today regarding future management of his hip including joint replacement surgery, he does not wish to be considerd for any joint replacement surgery at the current time and is enquiring about alternative anglesia.

QUOTE]
I don't think your consultants letter is very helpful he states clearly "mobility not actually limited" if I was reading that I'd presume your mobility is not limited and you can walk, although in pain.

Therefore you need to emphasise exactly what happens during the effort of walking. You need to spell out to the DM exactly what you go through and any after effects not just tell him your in severe pain.

. how do you feel when walking
. what kind of pain do you feel (burning/stabbing/sharp/throbing)
. what aids (if any) do you use
. what support do you get (if any)
. have you fallen (give example of last time you fell)

I don't want to put words into you mouth but an example of wording might be;
Each step is extreamly painful, my hip constantly feels as though it's going to give way, I get a burning sensation in my hip which is unbareable, I cannot walk more than a few steps without holding onto something, my carer helps support me and I use the wall/gate/rail to hold onto.
The effort of walking is extreamly tiring and leaves me exhausted for the rest of the day, with pain becoming worse over the next couple of days before easing.

You could then go on to give information about how medication affects you and any side effects you suffer.

I'd also suggest you keep a diary and send that as further evidence. Also if you experience any other problems due to having mobility problems i.e toileting, bathing, dressing, any other health related issues i.e. depression/fatigue/mood swings.
You really do need to talk to your doctor and tell him exactly how your disability affects you so it's all recorded in your medical records and other support can be offered.

I see your consultants statement as a hinder rather than a letter of supporting.

Good luck with your appeal.

Thank you, the op hasnt got a case for HRMC based on his consultants letter and i told him that, nor has he got a claim due to pain on the evidence offered because he has only now taken up pain killers and he hasnt even been refered to a pain clinic or anything to document a chronic pain patient.

You are putting words in his mouth btw and thats wrong, its up to him to document his case and while suggesting keeping a diary etc. and what to document is fine I think that you have overstepped the mark imho.

beth58_2

I agree with what you say however, having worked with people with disabilities and the vulnerable, many don't know how to document their case and need a great deal of help to fill in forms. Plus, evidence to support what your is saying is still required.

Based on consultant letter there is no evidence to support a claim for any rate of DLA or even a claim for ESA. If this claim is like many others having benefit withdrawn it's because of these people, people like myself have so much difficulty and have to jump through hoops to get the benefits where entitled to, which help maintain independance and some quality of life.

andyandflo

Happychappy wrote: »

You still don't explain why you persist with the alleged pain when an operation would reduce this dramatically or even eliminate it ? how long have you claimed DLA and is this the reason why you do not want to undergo the operation and possibly be fit for work ? maybe now is the opportunity to do this

I agree with you entirely!

The DWP expect everybody to take up the opportunity that is offered to treat/improve your health. If you fail to go along with that advice or offer, then quite rightly you are doing yourself no favours and will lose the benefits anyhow.

I myself have been told to have a major operation. I don't really want it yet, as the chances of surviving it are 50/50.
However, the DWP have said to me that I have a duty to take up that advice as that is the only way my health will improve. They went on further to say that my benefits could be stopped if I didn't take up the opportunity.

Happychappy

andyandflo wrote: »

I agree with you entirely!

The DWP expect everybody to take up the opportunity that is offered to treat/improve your health. If you fail to go along with that advice or offer, then quite rightly you are doing yourself no favours and will lose the benefits anyhow.

I myself have been told to have a major operation. I don't really want it yet, as the chances of surviving it are 50/50.
However, the DWP have said to me that I have a duty to take up that advice as that is the only way my health will improve. They went on further to say that my benefits could be stopped if I didn't take up the opportunity.

The condition affecting the op which is Perthes is a condition where the femoral head, or the ball at the top of the leg which goes into the socket, basically turns to mush, this is caused by the blood supply stopping and the ball not forming.It is an extremely painful condition which affects mainly children around 4 to 12 years.

The condition is poorly treated mainly through ignorance by the medical profession and sometimes is treated with extended bed rest and traction pulling the ball and socket apart to allow the head some time to reform, or an operation called and osteotomy, where the femur is broken and basically moved around to a decent part of the ball where it contacts the socket, a bit of a layman's description, anyway,in adult there are treatments and this involves a hip replacement or Birmingham Hip, it is very effective and reduces pain giving mobility back, so why go through this pain is a mystery unless life on benefits is an easier option ? unfortunately the op does not wish to divulge why he does not wish to undergo surgery and a possible cure.

Waiting till he is old before having a hip replacement is ridiculous, my son had two osteotomy operations at 8 and 12, a reverse osteotomy at 18, and then a full hip replacement at 25, without a day claiming benefit or moaning about it, and his condition was extremely painful involving regular morphine injections etc, etc, etc I do know a fair bit about this condition and more than most Gp's through research and painful experience, so take the operation, you have nothing to fear but fear itself and you will see a massive improvement and then you can truly get on with your life.