Rejected for Disability Again

upferret

ianian99 wrote:

not being funny but if you can walk around the house all day are you really disabled?

Yes in the case of my boyfriend who has a mental illness.

Tustastic

Some disabilities are invisible and some are about mobility. A relative of mine does a physically demanding job successfully, but has an untreatable problem with one knee that makes walking more than 50 feet almost unbearably painful. He has a blue badge which helps with work (he works in clients' homes) but because the local Council won't grant a disabled bay and his street is awful for parking, he limps home in great pain (often the nearest parking space is in the next road) then takes painkillers and goes to bed around 8pm to sleep it off.
He is a genuine case - but there is proof that up to half the blue badges in London are fraudulent http://news.bbc.co.uk/1/hi/uk/6160588.stm :mad:

Miss_Money

ohreally wrote:

Securing a Blue badge is not dependant on receipt of HRM dla,your local authority can issue one at their discretion.

Unfortunatly it is now linked to DLA my mum was told in no uncertain terms we will not issue a blue badge without DLA. So thats why she had the assesment, btw she does actually now need help on a daily basis myself and my father care for her. In the last 2 years she has gone down hill 100% and she wouldnt function at all if she wasnt cared for. I think its rediculous that a "decision maker" makes a decision based on language used in reports!! A qualified DOCTOR should be the one making the decisions surley?! I hope the OP gets somewhere on the appeal

gravitytolls

ianian99 wrote:

not being funny but if you can walk around the house all day are you really disabled?

I presume you're referring to my DH with this.

He doesn't walk around the house all day. But he can't sit for long, because of pain, he can't lay for long, because of pain, and he can't walk fo rlong, because of pain. But he does do all of these things throughout the day, because he can't stay in one position because of pain.

Both the consultant and physio, told him to walk on level ground, and he tries to comply as much as possible with all advice.

He's finally got an appointment for the hospital, on 14 Dec. He'll be having an epidural procedure to trick the brain into thinking the injury is no more, so the swelling will reduce, and maybe the vertebrae will go back on it's own. They'll try this twice, if it doens't work, it's surgery.:mad::eek:

Penny-Pincher!!

Miss_Money wrote:

Unfortunatly it is now linked to DLA my mum was told in no uncertain terms we will not issue a blue badge without DLA. So thats why she had the assesment, btw she does actually now need help on a daily basis myself and my father care for her. In the last 2 years she has gone down hill 100% and she wouldnt function at all if she wasnt cared for. I think its rediculous that a "decision maker" makes a decision based on language used in reports!! A qualified DOCTOR should be the one making the decisions surley?! I hope the OP gets somewhere on the appeal

This is NOT true! It is discretionary by your local LEA, and is not dependant on DLA. Call the BEL, and they will tell you directly.

PP

Unity

I totally agree with what others have said about getting help with filling the forms in. This website has a 54 page document to help improve your chances: http://www.bhas.org.uk/dla/index.shtml and is well worth a look. DLA isn't just for permanent disabilities, but your disability needs to last over six months. The guides on this site are pretty much what you'd get from a good advice centre - but the service offered by advice centres differs widely.

I was refused DLA at the first attempt, yet when I went to tribunal I was awarded the higher rate of mobility and care, which just goes to show how far out the visiting GP's report was!!! The Benefits Agency are not in the business of being fair though, they are in the business of cutting the benefits bill, no matter which government is in power.

The doctor who came to assess me said: "Surely you could manage to lift vegetables from a pan with a slotted spoon?" I replied that perhaps I could, but how would I get a heavy pan to the stove in the first place without help? In truth the doctor was totally in the wrong to ask this as he is only there to assess your abilities and not to interpret the legislation, which clearly states that you must be able to prepare a meal from start to finish, including the preparation and chopping of vegetables.

I've had the blue badge (formerly orange) since 1979 and although it used to be down to the LA (I got mine before I was awarded DLA) it is now linked to DLA and more difficult to obtain. However the law has just changed to help stop people fraudulently using the badge - it used to be the case that if a traffic warden asked to see the photo on the badge, people could refuse, which meant a lot of rogues got away with using badges belonging to disabled relatives and friends, now you have to show the photo if asked.

With regard to DLA, you have to be persistent and not give up - they rely on people feeling guilty about whether or not they need the benefit. As others have said they only take notice of how you are on a good day, which is totally wrong but unfortunately the way it is.

Good luck with your appeal.

Unity

celticfc

gravitytolls wrote:

I presume you're referring to my DH with this.

He doesn't walk around the house all day. But he can't sit for long, because of pain, he can't lay for long, because of pain, and he can't walk fo rlong, because of pain. But he does do all of these things throughout the day, because he can't stay in one position because of pain.

Both the consultant and physio, told him to walk on level ground, and he tries to comply as much as possible with all advice.

He's finally got an appointment for the hospital, on 14 Dec. He'll be having an epidural procedure to trick the brain into thinking the injury is no more, so the swelling will reduce, and maybe the vertebrae will go back on it's own. They'll try this twice, if it doens't work, it's surgery.:mad::eek:

I know exactly how your husband feels. I've been this way for nearly two years. Tried and tried to get my GP to recognise that I had a real problem, and not just the pulled muscle he told me I had. Now going in for surgery 1st December. Although I have been told that it is not guaranteed to cure me as I'll have to have regular epidural injections in my back for the back pain but it will cure the sciatica I suffer down both legs.

I have applied for and had refused twice DLA. I recently applied a third time but had a welfare advisor help with the filling in of forms. The tieing of shoes and putting on of socks are done by my wife. When she's not in the house I feel isolated as I really can't do a lot. I sit then stand then sit again just to try and get some comfort. Walking is painful and I only walk when I really have to as long as I am on flat ground. Driving is now almost unbearable at times. I tend not to go out of the house, by staying in I avoid the walking and things which cause me most pain. I am always watching the clock to be able to take more pain killers and take Morphine Sulphate at bedtime. Not that I sleep!

I have suffered depression in the past and sometimes feel I am bordering there again because I feel so frustrated at having to have people tend to me, even my 6 year old daughter has to help me if my wife isn't close by.

I really do understand and fully sympathise with what you and most of all your husband are going through.

One point I would like to make though is when people have replied saying they see people with blue badges get out and walk and they look fine. My sister suffered with Cystic Fibrosis and she had a blue badge. She didn't drive but if she ever went out in a car and pulled into a disabled bay she would get the looks and snidey comments, mostly I have to say by elderly people. She really needed that badge in spite of looking normal and not suffering a noticeable disability. She passed away aged 24 while the snidey comment brigade continued the snidey comments at others like her. So don't always assume the person who looks well getting out of a car in a disabled bay is faking it, reserve some judgement before coming to a conclusion.

D&DD

TheImportanceOfBeingIdle wrote:

I wholeheartedly sympathise. The missus suffers from scoleosis (sp?) and very bad asthma. She has also been told she will end up in a wheelchair because she has started getting arthiritis in her back.
I work part time and spend the rest of my time looking after her and our son. The only thing they can do is prescribe her coproxamol. She hardly ever drives. She can't sit in the bath properly. Walking the stairs is nothing short of a feat. The majority of the time she's spaced out on painkillers because she has that much trouble.

Hiya my son has scoliosis and after appealing (he was on low rate care) we got middle rate care and low rate mob...He's in a body brace awaiting spinal fusion and thoraclostapy (rib surgery).You need to get your wifes lung function tested to see if its the curve thats not helping with her breathing.I know people whose lung function is seriously reduced due to their curvature and the ribs compressing them.After nagging OT we finally got a bathlift for him which is brilliant.PM me if you need any help with the forms etc I'll do my best to help

D&DD

gravitytolls wrote:

Having been rejected a few months ago, we reapplied - well DH did, and I the carers allowance, as he is a full time job.

He's finally seen aconsultant who diagnosed prolapsed vertebrae. The physio won't see him any more, as there's nothing she can do for him until he's had the surgery. he can't have the surgery until an MRI confirms the diagnosis. The waiting time is 13 weeks,a dn they received the referral on 7th Nov.

He doesn't tie his hsoes, as he can't bend, but he can then slip his feet in and out of them. He hardly ever drives, as the pain is distracting, and he simply can't settle.

He spends his time sitting, laying or walking around the house - anything to try to find some relief. He sleeps badly, as do I. I wake because he's rolling around and groaning. I get up to administer pain killers, reposition pillows etc.

He's sinking into depression, because he can't even potter about at home.

Yet, he's been rejected again.

The standard letter talks about his being able to walk, prepare a meal (though he doesn't - perhaps a snack pot or bowl of soup in the mike), doesn't need personal care with the toilet etc.

But he's crippled with pain.

He was first diagnosed with curvature of the spine, arthritis and erosion in 1999. He has always worked - very hard- and hs never before tried to claim anything.

Yet, on any given day we see disabled badge holders walking ably around town, we know of people in receipt of middle and high rate DLA, despite being able to do far more than DH.

What's going on?

Hi GT I can understand your frustration..dont even start me on the issue of blue badges..
When we had to appeal for my Dla for my son I took him with me and even though he's only 11 he answered the panels questions really well.The way I saw things were they needed to know what the 'selfcare' issues were more than the pain etc.My son is strapped into a hard plastic brace from armpits to groin 23 hours a day..he knows all about pain but they never asked him about it at all He had to explain things like how he can't wipe his bum etc!!The mobility issue as well is not guided by the pain (although it SAYS to state this on the forms...)They turned him down as he can walk!!!
Sadly if you make the effort as your husband has done by working you get penalised for it when you do need help.Do appeal and try to get a supportive letter from the GP/hospital in the meantime.Good luck!

ohreally

celticfc wrote:

but it will cure the sciatica I suffer down both legs.

Be aware there are no guarantees with surgery.I had a micro discectomy (L5/S1) from a neuro surgeon just over two years ago and the pre-op symptoms have persisted (infact thery are worse now than before surgery). Do your homework and ask the correct questions before you progress with an invasive procedure.