Another DLA refusal!!!

sc867

DACC wrote: »

I won't comment on your use of the word embittered, that would make me sound pretentious. If you can't work but you have enough to eat and drink and a television then maybe I would consider swapping places with you as I work 40 hours a week plus overtime and then have to do a bar job at the weekends to pay my CSA.

...and I've been doing that for 5 years this August....

luminated wrote: »

DACC clearly wants to cause arguments and is a waste of space with zero useful input to this thread or forum.

Perhaps a TROLL

From Wiki
In Internet slang, a troll is someone who posts inflammatory[citation needed], extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking readers into an emotional response[2] or of otherwise disrupting normal on-topic discussion.

I would also point out that DACC has to pay the CSA - having been brought up by a lone parent, I know just how much families had to suffer when fathers "go missing" or "absent", so it would seem that it's not just disabled people against whom he has a grudge, but the mother(s) of children he's fathered.:mad:

bogwart

"So is it worth the long fight of appealing or not?"

As you doubtless know, the whole system is in a state of flux at the moment because of the disgraceful decisions made by the DWP, who seem determined to throw all claimants on the scrapheap.

The descriptors for claims have all changed, and DLA is being scrapped. Instead they are bringing in a combined benefit called PIP (Personal Independence Payment) and have altered the whole system of qualifying. For instance the descriptor for mobility used to involve, in part, the distance you could walk without pain, and whether you could get up and down stairs. Now it's all about mobilising and you have to prove that you cannot propel yourself for 50 metres or so in a wheelchair. You don't have a wheelchair? Your home isn't suitable for a wheelchair? Tough luck.

And the ability to get up and downstairs is disregarded entirely. They have a descriptor now in place of what you could carry, which says that if you don't have working hands you can still fail the test if you can carry stuff with your stumps. Rule Britannia, huh?

You can get invaluable information from a website called Benefits and Work. A lot of it is free, and there is a lot more available for a small fee. It is unmatched for its knowledge and persistence, forcing the DWP to hand over much data via the FOIA.

Having said all that, the success rate at appeal is around 43% and that figure will rise as these tyrannical measures affect more and more people.

Do your preparation and go for it. It's not going to cost you any money, you can get free help from the CAB and at least you will be doing something positive. Start by keeping a diary of your day, with any notable problems recorded.

bluflashlite

As I've needed to be a long-term DLA claimant, I can offer a tip or two that seems to have worked for me others:
Realise that. for DLA purposes, you really need to focus on WHEN SYMPTOMS ARE AT THEIR WORST....
We all have that resilient tendency to try and cope and manage as many things as we possible can, but this can often result in us putting down answers that will undermine our own claim! So, for most of the answers, you need to think ONLY about when you feel at your very worst, without focussing on the times when you're feeling "not-too-bad".
Don't use too much medical language on the form, because it can tend to get ignored - remember that civil servants aren't doctors, so they may know nothing at all about the condition your telling them about, neither do they get the time to look up unfamiliar words or phrases. It's far better to put things in terms that most 7-year-olds would understand instead. (E.g. use the words "breathing difficulties" more frequently than "Asthma", because that word has less significance to a person who's never come across it, whereas they will relate more to something they can more easily 'imagine', such as struggling to breathe!)
I'm sorry to say that the doctors who do the medicals can be equally unaware of a whole range of conditions and how extreme they can become. I'm not questioning their professionalism at all, it's simply that there are many 1000's of different conditions, so they cannot possibly be expected to know them all, far less be 'experts' on all of them too!
The doctor you see may believe that he/she knows 'enough' about your particular condition, but it's probably more likely to be a rather 'generic' understanding of it than an 'experts' one. Far better to assume that she/he doesn't know it well, just by explaining what you know about it yourself - remember that YOU are your OWN expert - let's face it, you've been with your own body a lot longer than anyone else has!!
Also, don't make the mistake of letting a doctor interrupt you mid-sentence - they may be in a rush, but it is YOUR claim (not theirs!) and you have every right to use the opportunity to explain to them how your condition effects you, as well as explain it AT YOUR OWN PACE (particularly if your breathing makes it more difficult to communicate!)
Lastly, always Appeal a refused claim. Yes, it takes time, but if you don't try it, you'll never know whether you might have won it!
Good Luck!!

sunnyone

bluflashlite wrote: »

As I've needed to be a long-term DLA claimant, I can offer a tip or two that seems to have worked for me others:
Realise that. for DLA purposes, you really need to focus on WHEN SYMPTOMS ARE AT THEIR WORST....
We all have that resilient tendency to try and cope and manage as many things as we possible can, but this can often result in us putting down answers that will undermine our own claim! So, for most of the answers, you need to think ONLY about when you feel at your very worst, without focussing on the times when you're feeling "not-too-bad".
Don't use too much medical language on the form, because it can tend to get ignored - remember that civil servants aren't doctors, so they may know nothing at all about the condition your telling them about, neither do they get the time to look up unfamiliar words or phrases. It's far better to put things in terms that most 7-year-olds would understand instead. (E.g. use the words "breathing difficulties" more frequently than "Asthma", because that word has less significance to a person who's never come across it, whereas they will relate more to something they can more easily 'imagine', such as struggling to breathe!)
I'm sorry to say that the doctors who do the medicals can be equally unaware of a whole range of conditions and how extreme they can become. I'm not questioning their professionalism at all, it's simply that there are many 1000's of different conditions, so they cannot possibly be expected to know them all, far less be 'experts' on all of them too!
The doctor you see may believe that he/she knows 'enough' about your particular condition, but it's probably more likely to be a rather 'generic' understanding of it than an 'experts' one. Far better to assume that she/he doesn't know it well, just by explaining what you know about it yourself - remember that YOU are your OWN expert - let's face it, you've been with your own body a lot longer than anyone else has!!
Also, don't make the mistake of letting a doctor interrupt you mid-sentence - they may be in a rush, but it is YOUR claim (not theirs!) and you have every right to use the opportunity to explain to them how your condition effects you, as well as explain it AT YOUR OWN PACE (particularly if your breathing makes it more difficult to communicate!)
Lastly, always Appeal a refused claim. Yes, it takes time, but if you don't try it, you'll never know whether you might have won it!
Good Luck!!

What you are advacating is fraud and very, very stupid unless you want a criminal conviction and to repay every penny of any DLA award you have ever had, you must fill the form in based on an average day, you can mention the worst days but must say how often the worst days are.

Cpt.Scarlet

bluflashlite wrote: »

As I've needed to be a long-term DLA claimant, I can offer a tip or two that seems to have worked for me others:
Realise that. for DLA purposes, you really need to focus on WHEN SYMPTOMS ARE AT THEIR WORST....

There have been several high profile, benefit fraud cases, where this has been used as part of the defence, in all cases the defendant was found guilty, ordered to repay £10,000s of benefit and jailed for several years.

This is most definitely not good advice.

ramsas

wheezymummy wrote: »

Hi,

i applied for DLA last month as i suffer from Chronic Asthma and struggle with most daily tasks as i am always out of breathe and wheezy, i phoned today to check on the progress and was told that i was refused and would get a letter detailing why shortly, now my problem is do i go to appeal or not?

Because of my breathing difficulties i rarely go out the house as i cant walk far as i am always struggling to breathe, most things i do i struggle with like getting dressed i cant describe how difficult it is but some one who has asthma and is having a bad day knows how difficult it is to do any thing and im like that every day of the week, im on a lot of meds but none seem to be calming my symptoms down, i struggle with stairs and spent most of my life in my room rotting away (thank goodness for the web!)

I know the money if i had of been awarded would never change my illness but it would allow me to buy things that would make me more mobile ie a nebuliser that i could take out with me, or pay for taxis when i need to go out?

So is it worth the long fight of appealing or not?

ASTHMA..
help with walking

CSDLA/430/2004 states:

"Such supervision does not assist walking per se but, without the guarantee that someone is with the claimant who would provide assistance should an attack occur, such a claimant may be unable to use the facility of walking , which is otherwise unimpeded."

sc867

bogwart wrote: »

"So is it worth the long fight of appealing or not?"

Do your preparation and go for it. It's not going to cost you any money, you can get free help from the CAB and at least you will be doing something positive. Start by keeping a diary of your day, with any notable problems recorded.

If you are aged 50 or over, AGE UK will also help - they are brilliant!:T

gannonea

Sorry to give bad news but my daughter was turned down last Oct, been waiting for appeal date ever since - I applied last May (she previously got it for long term disease), a frustrating and pointless exercise it seems. I have mentally given up now, which is probably what they want us to do!

Richie-from-the-Boro

gannonea wrote: »

Sorry to give bad news but my daughter was turned down last Oct, been waiting for appeal date ever since - I applied last May (she previously got it for long term disease), a frustrating and pointless exercise it seems. I have mentally given up now, which is probably what they want us to do!

I'm sorry to hear that, what were your daughters care & mobility needs ?

Richie-from-the-Boro

gannonea, if you daughter at one point was awarded DLA it would have been for a disability not a ' long term disease '.

- disabled is disabled
- ill is ill
- both require care .. .. but
- ill is not disabled
- DLA is for disability, not illness
- too many people who are ill claim to be disabled

DLA is about helping with care & mobility issues as a result of a disability, that's why I asked what your daughters care & mobility needs are ?
There are a lot of people here with a wealth of knowledge and experience who can help if you ask.