DLA Claim farce!!

janinibean

Hi all,
I have had back pain for the last 14 years, and it has been getting worse all the time. I finally came to terms that I need help and applied for DLA in August, which was declined. This I accepted as I wasn't sure what the criteria was, but in that time my condition has worsened more than it ever has. I have also been getting leg pain which prevents me from walking (I use crutches, and even then I can only make it maybe 10 metres before I feel dizzy and sick with the pain). I asked them to look into my claim again in September, they got reports from my GP and my pain management physio and my consultant, and sent a doctor round to look at me. I got the letter today saying they were awarding me low level care only no mobility, because apparently I can walk 100 metres. The doctor they sent around nearly left because it took me so long to open the door!!
Am I missing something??
I nearly rang them as I am so incenced but have managed to stop myself as I'll only do something I regret.
Can anyone help with what I need to put into an appeal to highlight my walking difficulties, which I feel have been completely ignored in all this.
Any advice is gratefully received
Many Thanks,
Janinibean x

scootw1

janinibean wrote: »

Hi all,
I have had back pain for the last 14 years, and it has been getting worse all the time. I finally came to terms that I need help and applied for DLA in August, which was declined. This I accepted as I wasn't sure what the criteria was, but in that time my condition has worsened more than it ever has. I have also been getting leg pain which prevents me from walking (I use crutches, and even then I can only make it maybe 10 metres before I feel dizzy and sick with the pain). I asked them to look into my claim again in September, they got reports from my GP and my pain management physio and my consultant, and sent a doctor round to look at me. I got the letter today saying they were awarding me low level care only no mobility, because apparently I can walk 100 metres. The doctor they sent around nearly left because it took me so long to open the door!!
Am I missing something??
I nearly rang them as I am so incenced but have managed to stop myself as I'll only do something I regret.
Can anyone help with what I need to put into an appeal to highlight my walking difficulties, which I feel have been completely ignored in all this.
Any advice is gratefully received
Many Thanks,
Janinibean x

I think it very much depends on what care needs you have. Do you need the money to pay for someone to do stuff for you such as cooking, cleaning etc, do you need to take taxis everywhere? I suffer from the same as you (I don't get dizzy or sick with the pain but it's there most of the time nonetheless) but have never claimed DLA as I didn't think I would get it (I don't catch taxis at the moment and can just about do my own housework) but some days I feel that perhaps I should catch taxis rather than strain myself to catch a bus from town. I do get shopping delivered though.

bored_at_home

write back to them, point out their statement you can walk 100metres is totally incorrect and state again your walking difficulties and ask for your case to go for reconsideration.
this is where another decision maker reads your original papers and that letter and see what they think. it is quicker than an appeal and saves filling in the appeal paperwork. if it fails after reconsideration you can still appeal after that.
if that happens part of the appeal process is another reconsideration before it gets put forward to a tribunial, and with each time its looked at is another chance of it being overturned.

janinibean

Thanks for your replies scootw1 and bored at home.

Scootw1, I need help around the house (housework, meals etc), I've had to get rid of my beloved car because I couldn't physically drive it any more due to the pain, and I'm unable to go into the office due to my pain. I am very fortunate to be able to work from home, but its not ideal. I also forget to take my medications as I have no concept of time, phone reminders don't seem to cut it. I am glad that internet shopping exists, otherwise I would have no food!! I have to get everything delivered also as I can't get around.

I had a third MRI scan in November, is it worth waiting for the results (I had to go into the pain clinic last week, secretary reckons the consultant has them now), or should I press on?
I suppose all that would be required at this stage is a simple 1 page-er saying "I got the decision and I don't agree with it because I can't walk; look into it again".

Thanks again

HB58

It doesn't matter that you are physically able to walk, they are supposed to ignore any distance that you walk while suffering severe discomfort.