DLA reconsideration

Maccaronicheese

Hi there ,

My first post here but a regular reader of the forum .As you can see from the post title I have been turned down for DLA . 10 years ago I had TB and as a result I now suffer from severe Bronchiectasis, developed asthma and Pulmonary Aspergilloma . I was hospitalised with massive hemoptysis three times within a year .I filled the forms myself and put down both my GP & Consultant's contact details . Unfortunately they chose my GP who said she is FINE ! (with GPs like this who needs enemies ?:D )
I asked for reconsideration and my consultant filled the report this time saying that I can't walk more than 100 yards without my condition deteriorating and ending up coughing blood , any exertion= coughing up blood . I also submitted a detailed letter from the thoracic surgeon saying that it's so severe that he can do nothing about it , not any form of surgery will do . I applied for the mobility component only as I currently don't have any care needs . Not to mention fatigue and lethargy among other symptoms .I don't know what to expect to be honest I'm preparing myself for another No and don't have it in me to appeal . The stress of the illness and my full time job ( not sure how long will I keep it) is more than I can cope with .

rogerblack

Maccaronicheese wrote: »

I asked for reconsideration and my consultant filled the report this time saying that I can't walk more than 100 yards without my condition deteriorating and ending up coughing blood

This is possibly where the problems are arising.

First thing anyway is to get a statement of reasons for this decision.
The mentioning of '100 yards' is perhaps unhelpful.
This is as if you can walk 50 yards at a not unreasonably slow pace, without severe discomfort or pain, you would not usually be entitled to HRM on this ground.

The problem is that once this test is failed - as the '100 yards' may well have not helped with - if you concede you can walk >50 yards without 'severe pain or discomfort', they are supposed to apply a separate test about 'effort required to walk being likely to cause severe risk to health'

http://www.dwp.gov.uk/docs/dmgch61.pdf - see the flowchart on page 50, and 61327.

But distance doesn't apply to 61327, as this only comes in - see the flowchart on page 50.

Anyway - the above is my opinion only.
However, the absolutely first thing you need to do is to get a 'written statement of reasons'. This will tell you what the decision was actually due to, and the evidence considered.
Unfortunately, best case is likely to be a tribunal that's a substantial slice of a year away.
I had my DLA entitlement approved by a tribunal 13 months after my original disallowal.

Maccaronicheese

rogerblack wrote: »

This is possibly where the problems are arising.

First thing anyway is to get a statement of reasons for this decision.
The mentioning of '100 yards' is perhaps unhelpful.
This is as if you can walk 50 yards at a not unreasonably slow pace, without severe discomfort or pain, you would not usually be entitled to HRM on this ground.

The problem is that once this test is failed - as the '100 yards' may well have not helped with - if you concede you can walk >50 yards without 'severe pain or discomfort', they are supposed to apply a separate test about 'effort required to walk being likely to cause severe risk to health'

see the flowchart on page 50, and 61327.

But distance doesn't apply to 61327, as this only comes in - see the flowchart on page 50.

Anyway - the above is my opinion only.
However, the absolutely first thing you need to do is to get a 'written statement of reasons'. This will tell you what the decision was actually due to, and the evidence considered.
Unfortunately, best case is likely to be a tribunal that's a substantial slice of a year away.
I had my DLA entitlement approved by a tribunal 13 months after my original disallowal.

The consultant mentioned '100 yards' as a rough guideline before I end up coughing blood .Surely , it means that I'm struggling to breath way before reaching that mark . She also added my spirometry test results which were bad and on her medical opinion she did put that the condition is deteriorating and most likely will have another hemoptysis and need hospitalisation . With my ailments there is no room for improvement at the moment , chronic coughs , breathlessness , chest pain , fatigue and If I try and push my luck I end up coughing blood . The bus stop where I live is about 300 metres from my door . I need to keep working to feel useful and my employers have been so far very supportive .I just don't think the distance should matter if walking makes your condition worse , then thats that . Everytime I was hospitalised , its because I thought I could walk that little bit extra , risking my life every time .

I appreciate your input rogerback , will have a look at the link , thank you .

Brassedoff

No belittling your post or condition, but what are your aims with respect to your claim? HRM?

I am sorry, but would love to walk 5 yards without excruciating pain and aided by crutches too!

If getting to the bus stop is the only issue you have, is there no-one who could give you a lift there?

Maccaronicheese

Brassedoff wrote: »

No belittling your post or condition, but what are your aims with respect to your claim? HRM?

I am sorry, but would love to walk 5 yards without excruciating pain and aided by crutches too!

If getting to the bus stop is the only issue you have, is there no-one who could give you a lift there?

I'm sorry that my post offended you or somehow you felt that my condition is not serious enough . What I have is a chronic lung condition in both lungs which puts me at risk of having fatal internal bleeding , thats the price I could be paying If I keep telling myself that I'm in a good health to work and walk 100 yards everyday or even more . The issue here is not about how far the bus stop is although I admit that my GP's surgery is also on the main road a little further than bus stop and I have no one to take me to my appmnts , blood tests which are every 2 weeks so I take a Taxi . But as I work for minimum wage I can't afford it all the time . I see that the 100 yards my consultant put on the form might be a problem but what she wrote was that 100yards =coughing up blood and being on 18 tablets a day and not that I can manage 100 yards as breathlessness and fatigue won't even let . I have been working from home alot but that's just temporary situation as my employers are trying to help me as much as possible . Its never easy when you know that sooner or later you'll be oxygen dependant and I'm only 26 !

curios

Maccaronicheese wrote: »

Hi there ,
My first post here but a regular reader of the forum .As you can see from the post title I have been turned down for DLA .

Sorry to hear you're having trouble with this.

You might like to make an appointment with your local Citizens Advice Bureau (CAB), who may be able to help.

sunnyone

Brassedoff wrote: »

No belittling your post or condition, but what are your aims with respect to your claim? HRM?

I am sorry, but would love to walk 5 yards without excruciating pain and aided by crutches too!

If getting to the bus stop is the only issue you have, is there no-one who could give you a lift there?

I would love to just be able to stand up!

Or be able to use a normal wheelchair, and only 18 tablets per day would be amazing!

I know you're following my decent into being fully dependant on a powerchair and it totally removes so many of the things that other people take for granted but each disability is diffrent, my sister dropped down dead when she was just 34 and she was no more able to walk than I am even though their was nothing wrong with her legs, she couldnt breath and spent much of her last decade in hospital with brittle ashma.

What job do you do OP?

Maccaronicheese

curios wrote: »

Sorry to hear you're having trouble with this.

You might like to make an appointment with your local Citizens Advice Bureau (CAB), who may be able to help.

I really appreciate your input curios , I have a CAB advisor and he thinks I stand a good chance now that I have submitted medical reports for the reconsideration and also that my chronic lung condition is classed as severe .The DWP stated on decision letter that that I can walk 500 metres with no problems and based their findings on the report submitted by my GP whom I don't see at all because I have a consultant who does everything for me the only time I go to the surgery is when I have blood test every two weeks and then I only see a nurse .its been 9 weeks since I applied for a review so hopefully soon I will find out if whether or not I will takr it to tribunal which from what I have read so far is going to take anything upto a year !

Maccaronicheese

sunnyone wrote: »

I would love to just be able to stand up!

Or be able to use a normal wheelchair, and only 18 tablets per day would be amazing!

I know you're following my decent into being fully dependant on a powerchair and it totally removes so many of the things that other people take for granted but each disability is diffrent, my sister dropped down dead when she was just 34 and she was no more able to walk than I am even though their was nothing wrong with her legs, she couldnt breath and spent much of her last decade in hospital with brittle ashma.

What job do you do OP?

Sorry to hear about your sister Sunnyone , sometimes its hard for others to understand that hidden impairments like lung or heart diseases are disabilities too and could end ones life . I admit that I was defiant until one day walking back from work I collapsed and admitted to hospital and had an emergency BAE to safe my life since then been refused surgery on medical grounds , spent two more spells at hospital and now I only go out to work If I can , most days I'm home as I'm now having problems with both lungs . And to answer your question I'm an Administrator and would love to be able to keep my job , I just don't know how .

GlasweJen

Macaroni, do you get help from access to work?
http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes/DG_4000347

It sounds like you'd be in the sort of situation they're supposed to deal with. Basically you phone them, tell them what your disability is and how they can help at work. Then someone comes into your work to meet you and they watch you for an hour or so and then sit with you and your boss and make a list of stuff that you need. They then either fully or part fund it (your work fund the rest but it's usually reasonable amounts) and get what you need installed.

One service they offer is if you can have a GP write to say that you can't drive (for medical reasons), walk or use public transport on your onto get to work they will pay a taxi to take you. Every month you pay the taxi company an amount set by access to work (mines is the cost of 2 singles a day) and they invoice access to work for the rest.

From what's written you'd have better help from that then from DLA.

Maccaronicheese

GlasweJen ,

the Taxi idea seems really useful,I take the bus most days but that's because I have no other choice and that means being vulnerable to chest infections as my immune system is non-existent .My job is office based so I can't see them doing much really , there is no physical side to it . My only problem is with mobility as my lung function gradually becomes less and less , I'm even breathless when I'm sat !!
I will give them a call on Monday , thanks for the info , really helpful