DLA where do you go from here?

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A while ago - a long time actually I asked about aroute for my cousin and was advised to try for DLA

He has applied, and been refused, he appealed and was refused again, where does he go from here.? Does anyone know?

He has cancer and is about to go in for treatment again and the reason I`m asking is because he doesnt know what to do. I live 200 miles away, him living near newport in South Wales.

He tried going to the cancer care link organisation, but they`re stumped as to why he cant have it . They helped him with his appeal.

He is on the sickness benefit, so as he doesnt get income support he has to pay for his own transport to cancer hopitl 22 miles away) and has been to social, explains the problem, gives them all the evidence and they dont know why he`s refused. He has doctors reports, consultants reports etc. His doctor even organised a blue badge for him as he can hardly walk and when he goes in hospital he cant come out unless someone looks after him and he wont be able to drive.

Its all so confusing....is there any organisation that he can help fight on his behalf? I heard of ones in england and found one in swansea, but they said they dont deal with his area and they didnt know what to suggest.

I have to go down when he goes into hospital to look after him...its no problem to me, but it seems so mad when everyone says he should have help and the DLA keep refusing.....
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Comments

  • jaxw17
    jaxw17 Posts: 26 Forumite
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    Have you tried ringing DLA themselves and asking their advice on what to do.There is always his M.P. as well. Do you have a DIAL near you.
    C.A.B. or the local welfare rights may be able to help.
    There is a form that you can get to help with travel costs etc if on low income the hospital should be able to advise.
    Because it is cancer related can he apply under special rules?
    Good luck with it
  • susan42
    susan42 Posts: 1,449 Forumite
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    hi jaxx thanks for prompt reply, he tried phoning dla, they sympathise with him on phone, says he qualifies and when he sends paperwork they say no...

    whats dial please?

    I tell him to consult hospital re low income and travelling

    not sure about special rules, thank you for taking the time to reply
    Challenge 2018 - Learn by heart the Book by Wayne Morgan on Amazon - Betfair Football Trading as it helps to supplement my small income :beer:
  • FleurDuLys
    FleurDuLys Posts: 227 Forumite
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    Macmillan are extremely good with helping get benefits sorted.

    Can your cousin get hospital transport organised? Anyone having chemotherapy/radiotherapy at my hospital can get lifts to and from appointments, whatever their status regarding benefits.
  • clemmatis
    clemmatis Posts: 3,168 Forumite
    edited 24 June 2011 at 4:25PM
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    susan42 wrote: »

    Its all so confusing....is there any organisation that he can help fight on his behalf? I heard of ones in england and found one in swansea, but they said they dont deal with his area and they didnt know what to suggest.

    Hi. The Newport CAB is here



    8 Corn Street
    NEWPORT
    NP20 1DJ
    Telephone:08444 77 2020
    full details here


    http://www.newport.gov.uk/_dc/index.cfm?fuseaction=council.homepage&contentid=N_057323

    there's also a disability advice project in Cwmbran listed on DIAL's web pages

    http://www.dialuk.info/findadial/FullResults.asp?Org_Name=Disability%20Advice%20Project

    I couldn't find anything else, sorry. If I do I'll post it.

    edit DIAL is disability advice line but I can't find one in Newport or Cardiff.

    Cardiff Law Centre might be able to help

    http://www.lawcentres.org.uk/directory/detail/cardiff-law-centre/
  • susan42
    susan42 Posts: 1,449 Forumite
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    hi clemmitis -he did cab, - they agree he should be having it, even helped in the appeals, but dont know where to go now, they`re a bit stumped

    mcmillian - not in his area, i did phone the nearest one to him and spoke to a lovely lady but she couldnt help

    dial - phoned cwmbran one , not in his area so couldnt help

    the link for lawcentre didnt work

    I`ll try anything for him, take the stress out of him doing it himself. I just wish i could do something

    fleurdulys - I left a message at the hospital, dont know if i had the right department but hopefully someone will ring back or i`ll try again monday.

    Thank you all for trying to help though, its like information thats on a need to know basis
    Challenge 2018 - Learn by heart the Book by Wayne Morgan on Amazon - Betfair Football Trading as it helps to supplement my small income :beer:
  • FleurDuLys
    FleurDuLys Posts: 227 Forumite
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    It would probably be worth him asking at the chemotherapy/radiotherapy treatment centre about hospital transport too, as they'll almost certainly be booking it for other people.
  • snoopy89
    snoopy89 Posts: 320 Forumite
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    last resort try a radio station or tv . they are great with news. see how the departments swing into action then. dun it myself. it worked a treat.:)
  • clemmatis
    clemmatis Posts: 3,168 Forumite
    edited 25 June 2011 at 10:00AM
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    Here's the Cardiff Law Centre information



    Cardiff Law Centre

    Contact details

    41/42 Clifton Street
    Cardiff
    CF24 1LS
    Telephone: 029 2049 8117
    Fax: 029 2049 7118
    Email: [EMAIL="cardiff.lawcentre@dial.pipex.com"]cardiff.lawcentre@dial.pipex.com[/EMAIL]
  • rogerblack
    rogerblack Posts: 9,446 Forumite
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    susan42 wrote: »
    He has applied, and been refused, he appealed and was refused again, where does he go from here.? Does anyone know?

    He has cancer and is about to go in for treatment again and the reason I`m asking is because he doesnt know what to do. I live 200 miles away, him living near newport in South Wales.

    Firstly - has he actually appealed to the tribunal?
    If not - then he may be out of time, depending on when this decision was made.

    To be blunt.
    You do not get DLA for cancer, unless you have a diagnosis that your cancer is terminal within 6 months.

    If the people filling in the forms have concentrated on the cancer, and not the difficulties with mobility, and care, then that may be a reason why he was turned down.

    The full criteria are at http://www.dwp.gov.uk/docs/dmgch61.pdf - these are the guides that the DWP use to decide cases.

    http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Travelcosts.aspx - if by 'the sickness benefit' - you mean ESA - then if he's on income based ESA - he qualifies for help with travel costs.

    Good luck - and may the prognosis be better than it appears.
  • kazzah60
    kazzah60 Posts: 752 Forumite
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    your cousin will have had letters from DWP which state WHY he does not meet the criteria for an award
    I suspect RogerBlack is correct that this is simply a case of NOT concentrating on what his care needs are.
    No-one receives DLA simply bcause they have a diagnosis of an illness or disability - the money is awarded for his CARE and MOBILITY needs which arise from his illness

    so simply saying he has cancer is not enough - I have been treated for malignant melanoma but didn't claim DLA because I had no care needs arising from the condition or the treatment.

    so your cousin needs to show that he needs help washing, drying himself, washing hair, dressing, taking care of any personal needs such as help going to the lavatory, help preparing and cooking a main meal for himself.

    if he does not put this information on his claim form, he is unlikley to be awarded any DLA

    so for example, if he is very weak after chemotherapy he could put
    " after receiving my chemotherapy treatment, I am left feeling very weak and unable to move easily and this means I need help from another person to help me into the shower, to help me wash my back ( or whatever....) to help me get out of the shower, when I have showered I need help from another person to dry me off as this action makes me feel very breathless/nauseous/tired....."

    the DWP are not horrible people- but they do need some evidence as to the care needs of the applicant in order to make an award.
    If however your cousin has sdaly been diagnosed with terminal cancer and he could make a claim under the special circumstances and his GP needs to tick that section on his claim form which should mean his award is automatic.
    hope this helps
    Karen
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