DLA - Can you help me please....?

[Deleted User]

First thing, thank you for your help, please don't jump on me! It's not actually for me.

Ok, well here is the question, I'm asking for my brother...

1. Background is knee injury caused by a minor accident in a store. Ongoing civil legal case and unknown what will happen.
2. The injury wasn't so bad to start and he visited GP and private doctor as result of claim and insurance. No damage was found by feeling it and tapping and so on, but there was some pain, some bruising and swelling.
   
3. He is currently waiting for a MRI scan and is taking pain relief.
   
4. The knee is getting much worse and now he is struggling to walk very far at all, the knee goes bright red and burns - you can see this.
   
5. As stated he awaits the MRI to see what could be wrong. The orthopedic specialist requested the MRI to understand the problem.
   

Its now been 3 years since the accident, so quite a long while and really nobody has looked at this enough to see whats wrong, obviously the MRI should have been a starting point and not left this late, but hey we are talking insurance and NHS.

So my question... AHHH sorry!

Can he claim DLA, he cannot walk very far at all and when he does you can see he is in pain. But what's wrong? Nobody knows at he moment.

Does he have to wait until he has a named condition?

Is he too young to apply, he is 24 coming 25?

Is there a point applying?

Does he deserve this?

If he got it, when the claim settled (if) it did, would he repay the monies claimed?

Sorry for the long post - any help would be great, and please remember it's not me. Oh and he doesn't know that I asked hence I'm taking it upon myself to find out :rotfl:

HB58

Your brother does not need to have a named condition, he can claim DLA if he has significant care and/or mobility needs. It does not mater how old he is, DLA can be paid even to babies. If your brother gets an insurance award, DWP will reclaim any payments that have been made for injuries resulting from the incident - the award should take this into account.

[Deleted User]

Thanks for your reply.

He currently works and he hasn't taken time off, all be it he is behind a desk, so it's not that hard for him to sit down all day.

So he would just repay the DLA with the compensation, if indeed he got it, so really if he can do without it, it would save him the bother of getting it and giving it back? Did I understand that right?

Would I also be right in thinking, that if he were to claim, he would be looked at closely just because of his age and circumstances? Because obviously he hasn't had a build up to illness and clearly isn't suffering from a condition that most 20 odd year olds get.

Thanks again :-)

HB58

Your brother, like everyone else, must have had the problem for 3 months and expect it to last for a further 6 months. The history of he accident is clear enough to expain his problems and he would need to supply as much evidence as possible. DLA can be paid to people in work, so that isn't a problem.

Whetheror not to apply is entirely up to him but new applicationd for DLA will cease in April 2013 and it appears that PIP, the new benefit, will have more strict qualifying criteria.

Bogof_Babe

Does he have care needs? That's what DLA is intended for. If he's looking after himself just fine, and his problem isn't causing him additional expense, then it's doubtful it would qualify him for this benefit.

[Deleted User]

Ah that makes sense, thank you so much!

I don't know if he will go for it, but it makes me angry when I see so many people who I know claiming when they have no issues - and they even tell you this.

But I know he has problems, it's been 3 years, so has been longer than 3 months, but my only concern would be has it been at the very bad stage for three months yet, nobody but him really knows that, but I doubt his medical records will show the increased issues until recently as he has only been going back to the GP the last month, the MRI and insurance DR has been going on for about 9 months most recently and on and off for the 3 year period.

Thanks again

[Deleted User]

No he doesn't need care, well he doesn't have anyone to do this, I was looking at the mobility section of DLA, it says you can claim each separately and there are conditions for each.

I don't know if he needs it or if he deserve it, I just know he isn't well at the moment. Thanks

rogerblack

If he is able to care for himself without problems - then this would not lead to a DLA-care award.

If he cannot walk more than 30 yards without 'severe discomfort' - then he would be entitled to DLA-high rate mobility.
If he can walk further than this, then it is unlikely he would get an award - though if his health would be severely affected by walking further - that may lead to an award - but this is likely to be complex, and require an appeal.

As others have said - the problem needs to have existed for 3 months, and continue for 9.
If he has costs due to his disability, access to work may be able to help.

Bogof_Babe

assj wrote: »

No he doesn't need care, well he doesn't have anyone to do this, I was looking at the mobility section of DLA, it says you can claim each separately and there are conditions for each.

I don't know if he needs it or if he deserve it, I just know he isn't well at the moment. Thanks

My apologies . I completely forgot about the mobility component of DLA. That puts a different light on it, and if as you say he is struggling to get around without considerable difficulty then he possibly has a good case. No harm in going through the application process anyway.

[Deleted User]

Bogof_Babe wrote: »

Does he have care needs? That's what DLA is intended for. If he's looking after himself just fine, and his problem isn't causing him additional expense, then it's doubtful it would qualify him for this benefit.

he can also have just mobility needs and not care needs,and expense additional or otherwise plays no part in a successful dla claim

simplydevine05

I had a minor fall in July 2011 that left me with a displaced pelvis. I receive dla, I'm 27 and I work full time. Because my condition causes major mobility issues and also I need help with basic tasks such as cooking and my condition was expected to last over twelve months I qualified. I was not looked at any differently to anyone else because of age or circumstance, I went through the same procedure as everyone else (form filling and a medical assessment). They get in touch with doctors that treat you to find out more about how you are affected. Unlike a rather large proportion of people think (especially those who glare at me parking in a blue badge spot until I wave my badge at them!), disability doesn't really care about age and no one is too young to have a disability.