When applying for DLA

andyandflo

Gemstar30 wrote: »

Hello,

I don't know where to start, or even if I should. I am fairly new on this site so I may not be the best person to give advice.
I came upon your postings and to be honest they are very confusing.
Then I noticed the list of illnesses, my God, this can't be right!
You say you are having to look for a job because you cannot claim ESA? Why? In my opinion, and I know a fair amount about medical conditions, no employer will even consider you for employment.

I too failed my ESA medical, but fortunately I have had some good advice and have the chance of asking the DWP to review my case as I have further complications.

In addition you have failed in your claim for DLA!
From what I know just by looking at one of your illnesses - Severe Chronic Pancreatitis, I know (as I have a close friend that suffers from this) that this by itself is very disabling both from a caring and mobility point of view. My friend receives both the Higher Rates of DLA and has done so since it was diagnosed 3 years ago. How long have you been suffering from it?
It is ridiculous to say that you are able to work, look after yourself or get around given that illness by itself.

I hope you don't mind me saying this, but, I would seek help.

Why has no one taken this on for you?

You clearly are not able to understand what your rights are, and in addition you have taken decisions that frankly do not seem to be logical. I have just seen your posting about the loss of your home.
For goodness sake, you are not in a fit state to take on these problems.

I am very surprised and shocked at some of the comments I have seen people on here, make. I personally don't think that you have the mental capacity to do what you are doing or have done. I am sorry if that sounds like I am critising you - I am not, I wish I could help you.

It is wrong that this country should allow two senior citizens to get themselves into this situation.

As I said at the start - I am not best to give advice, but please seek help, I am fearful of what may happen next.

Thank you

Gemma
x

Hi,

Thanks for that. Yes it has been a hard year so far. I just don't know which way to turn anymore.

The Jobcentre say I have to apply for at least 3 jobs every week which I do. I know nobody will employ me, but that is not my problem, As long as I keep signing on and making the applications I get my benefit money.

When I was on ESA, I was trying to sort out a self employed job under the Permitted Work rules, but that has now had to go as I am very restricted with JSA as to what I can do.

My DLA claim really hurt. On the Mental Illness alone I should have managed an increase from just LRM.
I refuse to discuss that particular problem with the GP as I know what will happen.
So my only option is to fill out another DLA claim form and claim for one of the other illnesses/disabilities instead. Yes you are right about the CP, it is a horrible disease. Trouble is because it is so rare, not that many people know anything about it. I am the only patient in the GP's practice that has it. I have been suffering with it since 2004.
Only those that know others that have it can appreciate the problems it makes.

To be honest I am fed up and depressed over the whole thing. Losing our home, and not being able to claim any sickness.disability benefits is really causing problems. I can't think straight anymore.

So, I have telephoned for a new DLA claim form and will fill it out best as I can for the CP problems then wait and hope.
As regards everything else, that is all water under the bridge now. You can't go back only forwards.

Indie_Kid

pipkin71 wrote: »

Partial or complete tears?

Tears can heal themselves and there are also things you can do to help with the healing process.

Please don't view muscle tears as a lifelong hinderance, although very painful when they occur. From experience, they can heal, so I would respectfully suggest you seek another opinion on the 'nothing can cure this' advice

I'm not sure. Although the neurologist has now said I have torticollis. The tears are caused by a problem I have with my focus / posture. I saw 2 GPs and a neurologist, who all tried to get me to look straight ahead - this is very uncomfortable and I can't see that well - hence the head tilt.

From what I know just by looking at one of your illnesses - Severe Chronic Pancreatitis, I know (as I have a close friend that suffers from this) that this by itself is very disabling both from a caring and mobility point of view.

Disabilities affect everyone differently. In the decision makers' guide (DMG) for DLA, many disabilities are divided into mild, moderate and severe restrictive function.

The trouble with that, Andy, is that, if someone like ATOS are solely responsible for deciding who gets DLA, without the running around to seek evidence from doctors ect, is that they could award a very good actor / actress, DLA based on how they see them at the appointment, when, in actual fact, there is nothing wrong with them.

This is true. I have various reports from 2 consultants about my visual problems - because one is from low vision clinic, the 2 reports are completely different. They don't contradict each other; but the consultants have been doing different things with me - LVC is trying to improve my vision as much as they can and the other consultant was looking at my general eye health and has done tests to check what my vision is like. (including any damage to parts of the eye)

Gemstar30

sh1305 wrote: »

Disabilities affect everyone differently. In the decision makers' guide (DMG) for DLA, many disabilities are divided into mild, moderate and severe restrictive function.

QUOTE]

Hello,

Thank you for those comments. I don't want to appear ignorant, but what is the 'DMG' please?

Will there be a copy in my local library?

Does it actually say what the rules are that the Decision Makers must follow?

Thank you

Gemma
x

Indie_Kid

The DMG is the guide that decision makers use to decide what level of benefit someone is likely to get and what care or mobility needs they're likely to have. IE, I'm partially sighted. I wrote on my forms that I need supervision when outside because I can't follow sings, read a map, etc. The DMG says that this is generally true for a person whose only disability is partial sight.

The link for the DMG is - http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/

pipkin71

sh1305 wrote: »

I'm not sure. Although the neurologist has now said I have torticollis. The tears are caused by a problem I have with my focus / posture. I saw 2 GPs and a neurologist, who all tried to get me to look straight ahead - this is very uncomfortable and I can't see that well - hence the head tilt.

Is there anyone in your family with torticollis? I have read that genetics can play a part, depending on the type of torticollis. Do you know which type has been diagnosed?

I suffer with muscle tears and these do heal, but you do need to take care and allow the healing process to take it's natural course. Perhaps go back to your GP to ask for advice, as the tears can definitely heal, although you may be prone to further tears, maybe due to the torticollis??

Indie_Kid

pipkin71 wrote: »

Is there anyone in your family with torticollis? I have read that genetics can play a part, depending on the type of torticollis. Do you know which type has been diagnosed?

Not to my knowledge, no - anyone I've seen has said it's likely related to my eye problems - because I can't hold my head straight and focus properly. I can't remember what type it is.

leoknee31xx

hi everyone, i know that the conversation is about DLA, but the problem is that my boyf has got a condition called sacroilitis which is basically his hip from front to back is basically degrading and he has troubles daily, this condition is apparently not enough to help him get ESA benefit, it is not like he wants to claim anymore money, he just wants what he is entitled to because going out is relatively hard, i do all of his shopping and housework everyday he walks with a hunch and a limp he is constant agony and goes to bed at 4-5am gets up early because the pain is so much he can barely sleep, yet they wont give him the time of day, people with a lot less issues seem to get it . he has got a tribunal coming soon, someone said that you try to see another professional instead of the ATOS doctors because on a 5-10 minutes consultation is not enough of an assesment if you ask me how can my boyf prove how bad he is? HELP!!!!:A

dori2o

sh1305 wrote: »

The DMG is the guide that decision makers use to decide what level of benefit someone is likely to get and what care or mobility needs they're likely to have. IE, I'm partially sighted. I wrote on my forms that I need supervision when outside because I can't follow sings, read a map, etc. The DMG says that this is generally true for a person whose only disability is partial sight.

The link for the DMG is - http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/

The thing is many of the 'Decision Makers' take no notice of the DMG.

I called the DWP after they had refused my claim and advised them that the report they got from my GP, and the letters I sent from the pain clinic all confirmed that the pain I am in is very severe and unremitting, and that as per DMG61300 and the Commissioners Decision R(DLA) 4/04

Commissioners Decision R(DLA) 4/04
The claimant had suffered serious multiple injuries in an accident, and his remaining injuries included a painful claw foot. He was refused higher rate mobility. An AT accepted that the claimant had a severe disablement which affected his mobility, but dismissed the appeal on the basis that the level of pain he suffered did not increase when he walked and he therefore did not fall within the terms of reg. 12(1)(a)(ii) of theSS (DLA) Regs. 1991.
Allowing the appeal, the Commissioner held that: Reg. 12(1)(a)(ii) requires that walking which cannot be accomplished without severe discomfort is to be disregarded; and although it is only discomfort related to the physical act of walking which is relevant to higher rate mobility component, there is no requirement that such discomfort must first arise or increase after walking has commenced. Where the claimant suffered from a physical disablement which affected the physical act of walking and which caused the claimant severe discomfort even when not walking, then any walking which the claimant was able to accomplish despite the severe discomfort was to be disregarded.

any walking I can therefore accomplish is to be ignored as I am in severe pain and discomfort before I start to walk.

The guy on the other end of the phone said that these are just guidelines and don't have to be taken seriously.

So you have no chance whatsoever if they dismiss their own guidance.

Cpt.Scarlet

Unless you actually had the phone number for a Decision Maker then all you spoke to was someone in a call centre, posts in this and other MSE forums will tell you that the knowledge of the call centre staff can be very variable.

dori2o

Cpt.Scarlet wrote: »

Unless you actually had the phone number for a Decision Maker then all you spoke to was someone in a call centre, posts in this and other MSE forums will tell you that the knowledge of the call centre staff can be very variable.

I just phoned the number on the letter. It wasn't the normal helpline number.

Anyway, it's now down to the people at the tribunal on 31 January.