disabled and not entitled to benefits?

Oldernotwiser

weeziebeth wrote: »

No, I see what you're getting at but she has other medical problems too that I havent gone into, and as I have said her doctor has advised her that she shouldn't be working.

Her doctor's opinion won't be enough for her to claim ESA, particularly as a GP normally is only talking about a patient's normal job whereas ESA assessment looks at any job that she could possibly do.

andyandflo

weeziebeth wrote: »

Hi
My mother (52) has diabetes, and suffers with a lot of numbness and pain in her feet due to diabetic neuropathy, and also has a lot of pain and a very swollen leg due to lymphodema. She has been in and out of hospital with infections because of cellultis and then lymphodema, and has depression amongst other things! I am trying to find out on her behalf (she's a bit technologically challenged ) if she can get any financial help but theres so much information (some outdated) that it's quite confusing so I was hoping someone on here might be able to help.

She cannot walk even a few steps without being in a lot of pain. In theory she is eligible for some Disability Living Allowance (at least the mobility component), although she was refused when she applied for it months ago. I've heard it's very difficult to get but we have since realised she should have got some help from the CAB filling in the forms as they are complicated, and she didnt back it up with medical evidence. She also would have had more luck on appeal, so my mother is applying again, and if refused again, will appeal this time.

I don't know if she is eligible for Working Tax Credit, because you need to work at least 16 hours a week, and she currently works 16 hours one week and 12 the next. Does anyone know if she is able to claim it one week and not the other?

My main concern is that she should not be working at all. Being on her feet at work is making her worse and she shouldn't have to put up with being in constant pain. I don't think she will physically be able to keep going for much longer. However I don't think she is eligible for Employment Support Allowance as her husband works full time. They are in financial difficulty now, while they are both working, so would not be able to manage on his wage alone. So she just doesn't know what she can do. Is there any other help out there? I know if she went to her doctor he would confirm that she is disabled and fully support her application, and she would pass any test, but if she gets no financial help, she cant afford to do this.
Any advice would be appreciated.
Thank you

From what I am given to understand, being a type 1 diabetic is not a reason for DLA. In fact very few people who suffer from it ever manage to get it. In fact it is not even an illness as such that entitles you to ESA!

I should know, I am at the moment, an uncontrolled,Type 1 insulin dependent. In addition I too suffer from Neuropathy.
In addition I have severe Chronic Pancreatitis, Pancreatic Insufficiency, Peusdocyst of the Pancreas, Permanent Thrombosis of the Spenic Vein, Varices of the Collaterals in the Stomach and Oesophagus walls, as well as a mental illness which has needed hospitalisation in a secure unit - and I failed both ESA and DLA!!

Having failed the medicals, I now claim JSA and hope and pray they don't find me a job!!

Indie_Kid

DLA is based on care and /or mobility needs; not diagnosis. ESA is based on what you can't do; not diagnosis.

idvi

andyandflo wrote: »

From what I am given to understand, being a type 1 diabetic is not a reason for DLA. In fact very few people who suffer from it ever manage to get it. In fact it is not even an illness as such that entitles you to ESA!

I should know, I am at the moment, an uncontrolled,Type 1 insulin dependent. In addition I too suffer from Neuropathy.
In addition I have severe Chronic Pancreatitis, Pancreatic Insufficiency, Peusdocyst of the Pancreas, Permanent Thrombosis of the Spenic Vein, Varices of the Collaterals in the Stomach and Oesophagus walls, as well as a mental illness which has needed hospitalisation in a secure unit - and I failed both ESA and DLA!!

Having failed the medicals, I now claim JSA and hope and pray they don't find me a job!!

based on that, i think you should appeal personally :cool: i would have thought your entitled!

i had no problems claiming esa/dla for mental health reasons. the lady at the medical was really nice and my doctor had written a decent supporting letter.

andyandflo

idvi wrote: »

based on that, i think you should appeal personally :cool: i would have thought your entitled!

i had no problems claiming esa/dla for mental health reasons. the lady at the medical was really nice and my doctor had written a decent supporting letter.

Ah thanks for that, I'm glad you think so. I think I should be as well, but the DWP think otherwise!

The DLA form was completed by DIAL for me and despite being very complete and descriptive, they decided that I was not eligible. So I gave up on that having heard that getting DLA is worse than blood out of a stone!

I claimed ESA, the same result, but I appealed against that, not because I thought I was entitled to it, but because of the medical report I had back from the DWP which was the most fascinating piece of fiction that I have ever read.

Had DIAL/Age UK/Royal British Legion put the evidence together for me. then I find out that the tribunal hearing will not take place until March 2011. (I appealed in January 2010!).
I couldn't cope with the stress of it all and after finding out that it will be another 6 months of it I gave up.

I sent the DWP/Tribunal a letter setting out my opinion of them and the system in a way that it certainly could not be published!!

Then claimed JSA - told a whole load of white lies that I am fully fit for work, to get the benefit. (otherwise they would tell me to start all over again on the ESA bandwagon).

As regards the medical, the guy I had was arrogant and hardly knew any English. I had to ask him to speak properly so that I could understand him. There were more 'pardons' said than anything else.
To say the least I was not at all impressed.

But, it is lovely to find a bit of compassion from someone on this site.
Thanks again for taking the time

PS as a matter of interest did anybody help you out in the applications and what evidence did you have to produce? Just interested to see if my 'team' did a decent job.
Thanks again

Indie_Kid

andyandflo wrote: »

Ah thanks for that, I'm glad you think so. I think I should be as well, but the DWP think otherwise!

The DLA form was completed by DIAL for me and despite being very complete and descriptive, they decided that I was not eligible. So I gave up on that having heard that getting DLA is worse than blood out of a stone!

I claimed ESA, the same result, but I appealed against that, not because I thought I was entitled to it, but because of the medical report I had back from the DWP which was the most fascinating piece of fiction that I have ever read.

Perhaps they (and their medical services) believe that those conditions mean that you don't have and care and /mobility needs. There are some care needs that you'd be expected to do yourself; unless you have another medical condition.

andyandflo

sh1305 wrote: »

Perhaps they (and their medical services) believe that those conditions mean that you don't have and care and /mobility needs. There are some care needs that you'd be expected to do yourself; unless you have another medical condition.

Perhaps that is what they thought. My ConsultantsGP/DIAL/Age UK/Royal British Legion thought differently.

As regards being fit for work, my GP & Consultants just laughed!

I will have to wait now and see if I develop any more complications, or am re-admitted into the unit. Maybe then they might just think that I am unable to work.
And hopefully I will have a 'healthcare professional' that can speak half decent english - or maybe it was me?

As a matter of interest I wonder what would happen if JC+ did find me a job but the employer wouldn't take me on as being too much of an insurance/health risk. And JSA sent me back to ESA but found me fit for work again? Might try that out!

weeziebeth

andyandflo wrote: »

From what I am given to understand, being a type 1 diabetic is not a reason for DLA. In fact very few people who suffer from it ever manage to get it. In fact it is not even an illness as such that entitles you to ESA!

I should know, I am at the moment, an uncontrolled,Type 1 insulin dependent. In addition I too suffer from Neuropathy.
In addition I have severe Chronic Pancreatitis, Pancreatic Insufficiency, Peusdocyst of the Pancreas, Permanent Thrombosis of the Spenic Vein, Varices of the Collaterals in the Stomach and Oesophagus walls, as well as a mental illness which has needed hospitalisation in a secure unit - and I failed both ESA and DLA!!

Having failed the medicals, I now claim JSA and hope and pray they don't find me a job!!

Andyandflo, I am sorry to hear that, you are obviously entitled!

She has had to put up with a lot of people's opinions when they are not asked for - why is it people still think that you have to be visibly disabled to actually be disabled?!I wasn't trying to imply she is worse off than many other people. And I didn't say, she would be going for the ESA based on having neuropathy. It would be based on other conditions including lymphodema and others that i havent gone into. My reply isn't at you, andyandflo, as I don't think you were meaning she SHOULDN'T get it, just that she WOULDN'T. But anyway, to those judging, I only wanted to know about the benefits, not whether people think she CAN work or not, as no-one knows just how bad anothers suffering is do they?

weeziebeth

Erm...just like to point out that the above rant wasn't aimed at any comments made on here (so far ). Just had a little vent.

Indie_Kid

weeziebeth wrote: »

But anyway, to those judging, I only wanted to know about the benefits, not whether people think she CAN work or not, as no-one knows just how bad anothers suffering is do they?

People are just trying to be helpful.

I failed both ESA and DLA!!

In other threads, you've said that you don't want the stigma of claiming DLA and have been trying to come off it for years. :huh: