DLA claiming but wanting to work

red24

Hubby has been claiming DLA mobility for almost 3 years, we have a mobility car. He hasnt worked in this time but has only just got a job, part time as this is all he thinks he can manage.
The training has been very long and he has worked many long days which hasnt been a good idea, anyway he should be doing his normal shift pattern from now 6am - 9am, not the best hours but hes going to see how it goes. He cant get there unless I take him, no public transport, he could use taxis at a cost.
I work full time.
He had major surgery in 2008 and his mobility is very poor, very painful and the only way he can cope with this to work and stand is to medicate enough for it not to be too much of a problem.
He will earn the same as IB, but if we dont have a car he cant afford to get there so back to square 1.
Wondering if he'll be allowed to keep DLA mobility to get him to work to do a job where he will possibly need to be on his feet, but he can withstand the pain with medication. Seems such a stupid situation as he wants to work but benefits are making it difficult.
Any experience anyone, any advice or help appreciated, we need to know pretty damn quick if we are to inform them that need to know. Thanks

welshmoneylover

red24 wrote: »

Hubby has been claiming DLA mobility for almost 3 years, we have a mobility car. He hasnt worked in this time but has only just got a job, part time as this is all he thinks he can manage.
The training has been very long and he has worked many long days which hasnt been a good idea, anyway he should be doing his normal shift pattern from now 6am - 9am, not the best hours but hes going to see how it goes. He cant get there unless I take him, no public transport, he could use taxis at a cost.
I work full time.
He had major surgery in 2008 and his mobility is very poor, very painful and the only way he can cope with this to work and stand is to medicate enough for it not to be too much of a problem.
He will earn the same as IB, but if we dont have a car he cant afford to get there so back to square 1.
Wondering if he'll be allowed to keep DLA mobility to get him to work to do a job where he will possibly need to be on his feet, but he can withstand the pain with medication. Seems such a stupid situation as he wants to work but benefits are making it difficult.
Any experience anyone, any advice or help appreciated, we need to know pretty damn quick if we are to inform them that need to know. Thanks

Do you use the mobility car to get back and for work?

Oldernotwiser

DLA isn't an out of work benefit; many people work full time and claim DLA.

rogerblack

red24 wrote: »

Wondering if he'll be allowed to keep DLA mobility to get him to work to do a job where he will possibly need to be on his feet, but he can withstand the pain with medication.

It depends.
The decision makers guide says (paraphrasing) "Any walking that is able to be done with severe pain or discomfort is irrelevant to the test".
If he can medicate to the point where he is able to walk without 'severe pain' and walk safely, then he would probably not qualify for DLA.

However - convincing the DWP that he is doing this with 'severe pain or discomfort' may be tricky.

There is no functional limit test. You can break the 100m world record, while claiming DLA, and be entitled to it.

But proving your entitlement would be hard!

Also - it would be worth approaching the employer and reminding them of their duties under the disability discrimination act - if it is reasonably possible to adapt his workplace to eliminate things that cause him a problem.

Also 'on his feet' - standing alone doesn't make you ineligable - just walking without severe pain or discomfort.

Hammyman

I worked as a lorry driver doing 50hrs a week and still claimed full DLA. I have a spinal injury and at the time of the claim, it was the first job I had after being off a year and involved climbing into the cab, driving to a hub where I sat in a drivers rest room for 3hrs then drove back, waited until they'd unloaded it and parked it up.

red24

Thanks guys for all the replies, really appreciate them.

Its easy to understand how people get stuck in benefits traps. I work full time and always have done, I am the only driver for the DLA car, I take him to work when I can and always pick him up, I cant unfortunately take him when he starts at 6 as I have to work a full day and cant function, I use morphine patches as I also have a spinal injury but need to drive to do my job, I am an essential car user, driving doesnt help me but I need to work.
Anyway back to him, like me he can only take so much medication before they have adverse affects, like drowsiness, so this often means the pain isnt fully controlled.
He is having second thoughts about this particular job and re-evaluating what he is able to do, what is the point of killing yourself really, to prove what!
Thanks again

Anubis_2

Just a thought, do you use the car for your work, or do you use it to drive yourself to work when you can ( I know you use it to take you partner to work)

sunnyone

DLA isnt an out of work benefit but claiming HRMC and having a job that involves being on your feet for hours is leaving yourself open for a IUC because if you cant walk/are virtualy unable to walk you certainly cant stand for hours.

Using his motability car/disabled tax disc is a no unless he is in the car, the DVLA will not allow any use of the disabled persons tax disc unless he is in the car and we were once wrongly reported and threatened with a fine until we proved my husband had/has two cars of his own that we pay to tax and my car is just that, my car.

Anubis_2

sunnyone wrote: »

DLA isnt an out of work benefit but claiming HRMC and having a job that involves being on your feet for hours is leaving yourself open for a IUC because if you cant walk/are virtualy unable to walk you certainly cant stand for hours.

Using his motability car/disabled tax disc is a no unless he is in the car, the DVLA will not allow any use of the disabled persons tax disc unless he is in the car and we were once wrongly reported and threatened with a fine until we proved my husband had/has two cars of his own that we pay to tax and my car is just that, my car.

Not as clear cut as that, the disabled person does NOT have to always be in the car, as long as the car is being used for the needs of the disabled person. For example, I cannot drive and never will, but my designated driver uses the car to pick up medical needs, or get me essential shopping etc and this is allowed. Obviously the blue badge rule is different.

Q. Does the recipient of the mobility allowance always have to travel in the car?
A. The car is provided for the benefit of the disabled person. But, they do not always need to be in the car, for example having someone else using the car to do the shopping or run errands is still of great benefit.

http://www.motability.co.uk/main.cfm?Type=PFAQ

Obviously the designated driver using it for their own advantage such as going to work each day is a no-no, which is why I asked, as they may be at risk of loosing their car.

mum2one

it almost sounds like the job is doing hubby more harm than good, I know he wants to work, but sometimes you have to put ur health first.

rogerblack

sunnyone wrote: »

DLA isnt an out of work benefit but claiming HRMC and having a job that involves being on your feet for hours is leaving yourself open for a IUC because if you cant walk/are virtualy unable to walk you certainly cant stand for hours.

This is not true - if you're able to do it only with severe pain or discomfort, you may still be entitled to it.
However, proof of this may be difficult in most cases.